Biden Says Kagen a Shoo-In - But is She?

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WASHINGTON -- Vice President Joe Biden predicted on Tuesday the president's Supreme Court nominee, Elena Kagan, will be confirmed by the U.S. Senate.

He described the 50-year-old solicitor general as being in the "mainstream" and "open-minded."

But Kagan's views are largely still a secret. There are few clues about how she would rule on important issues and that has Republican lawmakers worried.

Will Kagan's lack of judicial experience foil her confirmation? Jay Sekulow, chief counsel at the American Center for Law and Justice, answered that question on Tuesday's edition of The 700 Club. Click play to watch the interview.

Poised to Make History

If confirmed by the Senate, Kagan would become the youngest justice on the Supreme Court.

As the president's solicitor general it is Kagan's job to represent the U.S. before the high court. But she's the first nominee in 40 years who has never served as a judge.

According to the White House, this characteristic works in her favor.

"That understanding of law - not as an intellectual exercise or words on a page - but as it affects the lives of ordinary people, has animated every step of Elena's career," President Obama said Monday upon announcing Kagan as his nominee to the Supreme Court.

"The court is an extraordinary institution in the work it does and in the work it can do for the American people," Kagen said.

Lack of Experience 'Troubling'

However, some Senate Republicans, including Sen. Jeff Sessions, R-Ala., the ranking member on the Senate Judiciary Committee, call her lack of judicial experience "troubling," adding that certain aspects of her record warrant further scrutiny.

For instance, while serving as dean of the Harvard Law School, she pushed to ban military recruiters on campus because of her opposition to the military's "don't ask, don't tell policy."

"She should not have in a time of war denied the military to come on campus," Sessions said. "I think that was unacceptable," Sessions said.

Kagan can expect to be grilled on that decision and other social issues such as abortion, gun rights and the treatment of terror suspects.

Meanwhile, Kagen has written that senators need to be more direct in questioning nominees during the confirmation process. It's a piece of advice Republicans are likely to follow in the coming months.

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CBN News
Jennifer Wishon

Jennifer Wishon

CBN News White House Correspondent

Jennifer Wishon is the White House correspondent for CBN News based in the network’s Washington, D.C. Bureau.  Before taking over the White House beat, Jennifer covered Capitol Hill and other national news, from the economy to the 2010 oil spill in the Gulf of Mexico. Follow Jennifer on Twitter @JenniferWishon and "like" her at