Sen. Charles Schumer (D-N.Y.) still backs native New Yorker Elena Kagan's Supreme Court bid - even after she implicitly rebuked him in last week's confirmation hearings. Prodded by Republicans, Kagan repudiated a controversial 2003 Democratic filibuster that Schumer led against Miguel Estrada, a George W. Bush nominee to the D.C. appeals court. Estrada withdrew, losing a chance to eventually be the first Latino Supreme Court justice. "He is qualified to sit as an appellate judge," Kagan said of her Harvard Law classmate and friend. "He's qualified to sit as a Supreme Court justice." Schumer's unrepentant. An aide said it wasn't Estrada's resume or ideology, it was his reticence, adding that if you asked Estrada if the sky was blue, "he refused to answer."
- Tom Brune