Schumer (unironically): Modesty is a very important quality to me. Kagan: 3 components to modesty: (1) deference to political processes; (2) respect for precedent; “extraordinarily important”; [what about obvious conflict between (1) and (2), when precedents haven’t been deferential?]; and (3) set of rules about deciding cases: e.g., one case at a time, avoiding unnecessary constitutional questions.

Schumer: What’s role of pragmatism in judging? Kagan: If text is clear, it must be followed. If text is ambiguous, look to purpose.

Schumer wildly misstates holding of Gross v. FBL (one of the cases Dems routinely rail against).

On Citizens United, Schumer asks about Chief’s view that Austin was aberration. Kagan has to talk about what the government argued, since there’s plenty of evidence that she also viewed Austin as an aberration (which is why she didn’t defend its actual rationale).

Kagan “has greatest admiration” for Justice Scalia.

Schumer: What’s appropriate role of foreign law? Kagan: Constitution is American document with American history and American precedents. American sources should be primary. May be limited instances in which foreign law is relevant. (Schumer shows that he still doesn’t understand the objection to use of foreign law.)