Washington (CNN) — Questioning of Supreme Court nominee Elena Kagan will continue Wednesday after she mounted a spirited defense against her critics Tuesday.
The Senate Judiciary Committee confirmation hearing is scheduled to begin at 9 a.m. ET. By late morning the committee could go into closed session where Kagan’s FBI background check is likely to be discussed as has been the practice in past hearings.
On the second day of the hearing, which is expected to last throughout the week, Kagan expressed a judicial philosophy of impartiality and equality, saying the courts provide a “level playing field” for all and advocating for televising high court proceedings.
She was also able to use humor to disarm some tough questioners.
Kagan’s funny asides during 10 hours of questioning appeared spontaneous, and colleagues say that is her style: someone who is serious about the law but who enjoys a good laugh, often at her expense.
Sen. Arlen Specter, D-Pennsylvania, quizzed Kagan on a favorite topic of his– allowing cameras in the Supreme Court, which most justices oppose.
Video: Kagan: Politics separate from judging
Video: Kagan talks Harvard and the military
Video: Kagan talks Second Amendment
“It means I’d have to get my hair done more often, Sen. Specter,” Kagan replied.
The senator paused and appeared not to immediately get the joke. But he quickly recovered.
“Let me commend you on that last comment and I say that seriously,” he said to laughter in the room. “You have shown a real admirable sense of humor and I think that’s really important. … We are looking for somebody who could moderate the court, and a little humor would do a lot of good.”
Some Republican committee members had used their opening statements to depict Kagan as a deficient nominee because of her lack of judicial experience and the advocacy positions she has held in the Clinton and Obama administrations.
They continued that theme in their direct questioning, with the sharpest exchange occurring between Kagan and Sen. Jeff Sessions of Alabama, the ranking Republican on the committee, over Kagan’s role in limiting military recruiters at Harvard Law School because of the “don’t ask, don’t tell” policy that bars openly gay and lesbian soldiers from military service.
Sessions said Kagan, who was the law school dean, sought to treat the military as second class by denying recruiters access to the campus Office of Career Services and instead requiring them to use the veterans services office.
“We were trying to ensure that military recruiters had full and complete access to our students, but we also were trying to protect our anti-discrimination policy,” she said, explaining recruiters still had access to students through the separate office.
Pressed by Sessions, Kagan said, “I do oppose ‘don’t ask, don’t tell.’” Sessions cut her off, saying, “And you did then.”
“And I did then,” Kagan said.
Kagan added that she reveres and honors military service, but Sessions said her position is “unconnected to reality” because of her actions against recruiters.
Overall, Kagan came across as confident and assertive, gesturing with her hands as she spoke and referring easily to case law when making points. She repeatedly assured the senators that she would be an impartial judge, saying her past political work was required of her government jobs.
If confirmed as expected by the 19-member committee and then the full Senate, Kagan would be the 112th Supreme Court justice and the fourth woman to sit on the nation’s highest court.
CNN’s Bill Mears contributed to this report.
