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Kagan Agrees With Judicial Philosophies Of Scalia, Roberts

Supreme Court nominee Elena Kagan reveals she agrees with some views held by Chief Justice John Roberts and Justice Scalia on the judicial system.

SEN. AL FRANKEN (D-MN): Do you agree with Justice Scalia that the Supreme Court is not a self-starting institution that should only disapprove of something when somebody asks it to?

ELENA KAGAN's RESPONSE: That's certainly true. It's a basic postulate of how we run our judicial system, that the court doesn't issue advisory opinions, that the court doesn't issues on anything except what's necessary to decide a concrete case or controversy before it.

FRANKEN: Here's something that Chief Justice Roberts said ... If it is not necessary to decide more, it is necessary not to decide more. You agree with that?

KAGAN's RESPONSE: I do agree with that Senator Franken. That too is a basic principle of our legal system.

FRANKEN: Do you agree with Chief Justice Roberts that courts should decide matters as narrowly as possible?

KAGAN's RESPONSE: Yes I do Senator Franken.

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