Supreme Court

Confirming Kagan

By Jay Newton-Small | @JNSmall | July 20, 2010 | +

The Senate Judiciary Committee in the next few minutes will report out the nomination of Solicitor General Elena Kagan to the Supreme Court. Her passage through the committee is all but assured given that Democrats control it by a margin of 12-7. The only bit of news this vote will yield is whether or not South Carolina Senator Lindsey Graham will be the only Republican to vote for Kagan in the committee as he was with Sonia Sotomayor. Graham, in recent weeks, has certainly indicated a fondness for Kagan, leaving open the possibility of his support.

Now, here’s where Kagan’s path to the Supreme Court could get interesting. Pro-life groups have been picketing Senate Minority Leader Mitch McConnell’s offices, urging him to filibuster Kagan. The right has been struggling to make Kagan into the Samuel Alito of the left: a polarizing figure that gins up – and proves lucrative with –the base. Alito, you may remember, was filibustered by Dems at the time. Then Senator Barack Obama voted against cloture, a move that has come back to haunt him as President as Republicans have often cited it in their opposition to Obama’s judicial nominees. If Republicans close ranks, a filibuster could kill Kagan’s nomination. But there has not seemed the appetite, even in this hyperpartisan atmosphere, to take such a drastic step. “After all, elections have consequences,” as Graham said during the confirmation hearings. Graham’s support today would indicate he’d probably vote for her on the floor of the Senate, thereby giving Dems the one vote they need to defeat a GOP filibuster. But it’s also likely that the ladies from Maine and Indiana’s Richard Lugar could also vote for her as they did in her vote to be confirmed as Solicitor General. Finally, another fence sitter could be Massachusetts’s Scott Brown who spoke in support of Kagan, as is traditional for the home state senator, introducing her at the hearings. So, if McConnell does decide to filibuster, the cloture vote would be purely symbolic as, more than likely, Kagan has the votes to be confirmed.

Update:
The committee confirmed Kagan 13-6 with Graham voting “aye.”

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Related Topics: elena kagan, senate judiciary committee, supreme court nominee, vote, Congress, Democratic Party, Republican Party, Senate, Supreme Court, White House

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  • deconstructiva

    Thanks, Jay. Did you tell Joe to write about Sarah (to drive up thread count) since you know we’d comment about her? So Kagan is not as popular here as Sarah?
    .
    re: Kagan, any faux outrage / surprise over Sessions’ (predetermined) opposition? But given R’s opposition to everything Obama-esque, including wishing to repeal HCR and FR, why aren’t they planning to filibuster? Why the hesitation here? Of course, as lovely KT pointed out long ago, no one really filibusters anymore and if the D’s are nervous about losing Senate control down the road they won’t kill the filibuster permanently (through points of order + Biden’s acceptance, then majority vote only).
    .
    Wasting time just for symbolism won’t stop the R’s: if they want to repeal HCR or impeach / remove Obama for NOT having an affair with an intern they won’t have enough votes even if they win back a majority. Thoughts, Jay? (And are YOU heading out to Haiti or Afghanistan soon?)

  • Paul-no not that one

    “Pro-life groups have been picketing Senate Minority Leader Mitch McConnell’s offices, urging him to filibuster Kagan. ”
    .
    That’s how you refer to Randall Terry?
    .

    “Randall Terry and a handful of supporters stood along Dixie Highway outside McConnell’s office, holding signs critical of Kagan.”

  • gum0nshoe

    So basically, most republicans would like to shut down congress rather than do work while collecting a pay check, but a couple of them actually realize it would jeopardize their careers to do so. And yet the news here is not that Republicans are opportunistic self serving individuals who don’t have the best interests of America at their heart?

    Ok. Just checking.

  • http://www.twitter.com/jnsmall Jay Newton-Small

    I’m not heading to Haiti or Afghanistan soon, alas. Seems I’ll be here — or rather in the US — on midterm duty.
    Lots of faux Sessions outrage — it might not actually be faux in his case. He’s a true believer.
    JNS

  • deconstructiva

    Too bad on not getting overseas stories, Jay. Keep trying. You proved during Haiti and Mt. Jindal volcano London tour that you can do overseas reporting really well, and getting outside the beltway now and then is good. If the high sheriffs insist on election coverage for you then two words: Las Vegas. For late-night gambling, cheap food, and drinking yourself blind Reid / Angle story up close, of course.

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