UK Prof Says Kagan Likely 60-70% Forthcoming

LEXINGTON, Ky. -- – If a University of Kentucky political science professor's research holds true, Elena Kagan has been 60-70 percent forthcoming during her Supreme Court nomination hearings.

Dr. Justin Wedeking says that is generally what's to be expected from anyone preparing to serve on the high court.

"If Kagan were to answer every question in a very forthcoming way, she would have to recuse herself in the future from a lot of cases, and that essentially would defeat the purpose of putting her on the court. If the court were then down to eight members, that could create some problems with a split court and a four-four tie."

In a study he co-authored, Wedeking analyzed more than 10,000 exchanges between senators and Supreme Court nominees.

Wedeking says Kagan has evaded some questions that could pigeon-hole her into a particular viewpoint, but he believes senators have been able to get a good understanding of Kagan's legal philosophy.