Her sin, it seems, was the time she spent as Justice Thurgood Marshall's clerk and claims him as a hero! Talking Points Memo reports:
Looks like Senate Judiciary Republicans have at least one unified talking point today: Justice Thurgood Marshall, the first African-American to ever serve on the Supreme Court, was an "activist judge." As Elena Kagan kept on her listening face, multiple senators slammed both Marshall's judicial philosophy and her service as his clerk in the late 1980s.
Ranking member Sen. Jeff Sessions (R-AL) criticized Kagan for having "associated herself with well-known activist judges who have used their power to redefine the meaning of our constitution and have the result of advancing that judge's preferred social policies," citing Marshall as his son, Thurgood Marshall Jr., sat in the audience of the Judiciary Committee hearings.
In an example of how much the GOP focused on Marshall, his name came up 35 times. President Obama's name was mentioned just 14 times today.
Sessions said Kagan's reverence for Marshall "tells us much about the nominee," and he meant that more as an indictment than a compliment.