In 1987, I had my first opportunity to provide 'advice and consent' on a Supreme Court nominee. At that time, I stated that the qualifications essential for evaluating a nominee for the bench included 'integrity, character, legal competence and ability, experience, and philosophy and judicial temperament.' On that test, Elena Kagan fails.

John McCain’s quote reflects his approach to evaluating Supreme Court nominees, specifically his assessment of Elena Kagan during her nomination process. McCain highlights that, in his view, the essential qualifications for a Supreme Court nominee should include integrity, character, legal competence, experience, and judicial temperament. These qualities form a comprehensive framework for evaluating whether a nominee is fit to serve on the nation’s highest court, as they ensure that a judge will be both fair and qualified to interpret the law.

McCain’s statement, "On that test, Elena Kagan fails," indicates his belief that Kagan did not meet these key criteria. He suggests that her qualifications in these areas were insufficient, particularly in terms of her character and judicial temperament. By failing to meet these standards, McCain implies that Kagan would not be suitable for a role on the Supreme Court, a body that requires the highest levels of professionalism and integrity to uphold the Constitution and ensure justice.

The quote also reflects McCain's broader political philosophy and his position on the confirmation process for judicial nominees. McCain was known for his independent approach and willingness to criticize nominees from both political parties when he felt they did not meet the standards he valued. His statement on Kagan’s nomination emphasizes his belief that the judicial branch must remain impartial, fair, and free from political influence.

The origin of this quote can be traced to John McCain's role in the U.S. Senate during Elena Kagan's confirmation in 2010. As a Republican senator, McCain was outspoken in his opposition to President Obama's judicial appointments, and this quote reflects his concerns about Kagan’s qualifications for the Supreme Court. His comments highlight the importance he placed on judicial independence and the need for a qualified judiciary that can maintain public trust.