Sen. Isakson questions Kagan on water wars, other issues

By Bob Keefe

The Atlanta Journal-Constitution

WASHINGTON -- Sen. Johnny Isakson quizzed Supreme Court nominee Elena Kagan on everything from gun rights to her opinions on Georgia's water wars with neighboring states during a private meeting Tuesday.

Georgia's junior senator said he has concerns about Kagan's lack of judicial experience and her previous stance on military recruiting on college campuses, but he isn't saying publicly whether he plans to vote to confirm her.

"This was a meeting just to get to know the person a little better," Isakson, a Republican, said after his 15-minute meeting on Capitol Hill with President Barack Obama's newest nominee to the nation's highest court.

"Her responses were thoughtful, and I look forward to doing what I do in these cases," he said. "I'm going to watch [her testimony] before the [Senate] Judiciary Committee, read the transcripts and try to get a more thorough understanding" of Kagan.

Asked if he planned to vote for or against her, Isakson replied, "I don't ever prejudge these situations."

Isakson said he was particularly pleased with Kagan's answers to his questions about what she might do as a Supreme Court judge considering the arguments in the tri-state water disputes between Georgia, Alabama and Florida over Atlanta's use of Lake Lanier.

"To paraphrase, she said, ‘In the end, you've got to consider the human uses in all these states,' " Isakson said. "I found that to be a good statement, because if the governors and states can't negotiate a water sharing agreement and it goes to court, in the end it should go back to ... riparian rights," allowing users fair use of water as long as it doesn't harm others.

Isakson was one of four senators scheduled to meet with Kagan on Tuesday during her latest round of one-on-one interviews with lawmakers considering her approval.

Sen. Saxby Chambliss, Georgia's senior senator, expects to meet personally with Kagan in June, a Chambliss spokeswoman said. Chambliss, also a Republican, has said he has questions about Kagan's lack of judicial experience and concerns that she might legislate from the bench as opposed to simply interpreting law.

Kagan, 50,  is U.S. solicitor general,  a former Harvard Law School dean and former associate White House counsel under President Bill Clinton, but she has never been a judge.

Her formal confirmation hearing is scheduled to begin June 28, although some Republicans are requesting the hearing be postponed because they say they worry they won't have records from Kagan's time as a Clinton aide in time to properly review her past.

"We are headed toward what could be a train wreck," said Alabama Sen. Jeff Sessions, ranking Republican on the Senate Judiciary Committee. Sessions said if documents aren't produced soon, it would be prudent to delay the hearing.

Committee Chairman Sen. Patrick Leahy (D-Vt.)  fired back by accusing Republicans of playing partisan politics, saying that some "on the extreme right" are "spoiling for a fight."