Republican lawmakers repeatedly claimed Elena Kagan would become a so-called activist judge, citing her ties to Thurgood Marshall, the first African American Supreme Court justice. Kagan clerked for Marshall during the 1987-88 term. Marshall’s name was mentioned thirty-five times during the opening day of Kagan’s confirmation hearing. Jeff Sessions is the ranking Republican on the Senate Judiciary Committee.

Sen. Jeff Sessions: “Importantly, throughout her career, Ms. Kagan has associated herself with well-known activist judges who have used their power to redefine the meaning of words of our Constitution and laws in ways that, not surprisingly, have the result of advancing that judge’s preferred social policies and agendas. She clerked for Judge Mikva and Justice Marshall, each well-known activists. And she has called Israeli Judge Aharon Barak, who has been described as the most activist judge in the world, as her hero.”