When President George W. Bush nominated Harriet Miers to the high court in 2005, then-Sen. Obama argued that her lack of judicial experience suggested her confirmation hearings needed to be more probing than those for judges.
“Harriet Miers has had a distinguished career as a lawyer, but since her experience does not include serving as a judge, we have yet to know her views on many of the critical constitutional issues facing our country today. In the coming weeks, we’ll need as much information and forthright testimony from Ms. Miers as possible so that the U.S. Senate can make an educated and informed decision on her nomination to the Supreme Court.” The comments were first noted by The Washington Post’s Greg Sargent.
Kagan in 1995 said Supreme Court confirmation hearings had become meaningless. Writing a book review of “The Confirmation Mess” by Stephen Carter, Kagan wrote that when “the Senate ceases to engage nominees in meaningful discussion of legal issues, the confirmation process takes on an air of vacuity and farce.”