August 06, 2010
by Carl Hulse | The New York Times
The Senate confirmed Elena Kagan to a seat on the Supreme Court on Thursday, giving President Obama his second appointment to the court in a year and a victory over Republicans who sharply challenged her credentials and record. Ms. Kagan, who is set to be sworn in Saturday as the newest member of the court, was approved by a vote of 63 to 37 after hearings and floor debate that showcased the competing views of Democrats and Republicans about the court but exposed no significant stumbling blocks to her confirmation. Continue reading...
August 06, 2010
by Paul Kane and Robert Barnes | The Washington Post
The Senate confirmed U.S. Solicitor General Elena Kagan on Thursday as the 112th justice to the Supreme Court, making her the fourth woman to sit on the court. On a vote of 63 to 37, Kagan, who will succeed retired justice John Paul Stevens, became the second member President Obama has placed on the high court. One year ago, Sonia Sotomayor won confirmation as the court's first Latina. Continue reading...
August 06, 2010
by Sean Lengell | The Washington Times
The Senate on Thursday confirmed Elena Kagan to serve on the Supreme Court, making the former Harvard Law School dean the court's youngest member and just the fourth woman in history to receive the lifetime appointment. After the 63-37 vote, top Democrats trumpeted Ms. Kagan as a "great antidote" to a Supreme Court that, because of Republican appointments, they say has swung too far right. Continue reading...
August 06, 2010
by Naftali Bendavid | The Wall Street Journal
The Senate on Thursday confirmed Elena Kagan on a 63-37 vote to become an associate justice of the U.S. Supreme Court, with a handful of Republicans joining almost all Democrats in making her the fourth woman to serve on the high court. When the court's new term starts in October, Ms. Kagan, 50 years old, will join Justices Ruth Bader Ginsburg and Sonia Sotomayor as the first trio of women in the court's history. Continue reading...
August 06, 2010
by Jess Bravin | The Wall Street Journal
The careers of Elena Kagan and John Roberts are about to intersect on the Supreme Court, where the two jurists—one groomed by the Democratic legal establishment, the other by the Republican—could wrestle over competing visions of American law for decades to come. Ms. Kagan, 50 years old, has spent a lifetime immersed in the political and academic circles where ideological battles are fought. She was a law clerk to the liberal judges Abner Mikva and Thurgood Marshall, a professor at the University of Chicago and Harvard law schools, a Clinton White House aide, and she is now President Barack Obama's solicitor general. Continue reading...
August 06, 2010
by James Oliphant | The Los Angeles Times
The Senate confirmed Elena Kagan as the 112th justice of the Supreme Court on Thursday, creating a historic bloc of three liberal women likely to vote together much of the time. The 63-37 vote suggested that the bitter partisan divide that has plagued legislative efforts on Capitol Hill is increasingly infecting the high court nomination process. Continue reading...
August 06, 2010
by Kathy Kiely | USA Today
Chief Justice John Roberts will swear in Elena Kagan as the nation's 112th Supreme Court justice on Saturday, making women one-third of the nation's highest court for the first time in history. Supreme Court spokeswoman Kathy Arberg said Roberts telephoned Kagan to offer "warm congratulations" Thursday, shortly after the Senate confirmed her. The 63-37 vote was a victory for President Obama, who has doubled the number of women ever named to the Supreme Court with his first two nominees. Continue reading...
August 06, 2010
by Stephanie Condon | CBSNews.com
A conservative group opposed to Elena Kagan's confirmation to the Supreme Court highlighted the narrow margin by which the Senate approved her nomination as a sign that she is unfit to join the court. Supporters of Kagan, however, called the today's confirmation a remarkably smooth process. In reality, the support Kagan received in the Senate was not as strong as some of the Supreme Court's current members, but it was stronger than the support for others. Continue reading...
August 06, 2010
by Mark Arsenault | The Boston Globe
The US Senate confirmed former Harvard Law School Dean Elena Kagan yesterday as the fourth woman to serve on the Supreme Court, a position from which she could influence the nation’s laws and policies for decades. Senator Scott Brown, the Massachusetts Republican who earlier this summer introduced Kagan to fellow senators as a “brilliant woman,’’ voted against giving her the lifetime job on grounds that she has limited courtroom experience. Continue reading...
August 06, 2010
by David Ingram | Law.com
Elena Kagan is on the verge of becoming the 112th justice of the U.S. Supreme Court, after three months of sparring over her legal experience and where she falls on the ideological spectrum. Senators voted, 63-37, on Thursday to confirm Kagan. All Democrats but one voted for her, while all Republicans but five opposed her. Kagan will be sworn in at the Supreme Court on Saturday. Chief Justice John Roberts Jr. will do the honors. The plan mirrors last year's Saturday oath-taking for Sonia Sotomayor. A formal investiture ceremony will take place on Oct. 1, at a special sitting of the Court. Continue reading...
August 06, 2010
by Josh Gerstein | Politico
Chosen by President Barack Obama for her ability to build consensus on a deeply divided Supreme Court, Elena Kagan didn’t have much of a unifying effect on the Senate. Though it confirmed her Thursday as the newest justice by a 63-37 vote, Kagan has the dubious distinction of receiving one of the lowest total of “yes” votes for a nominee during the past three presidencies — and the lowest number of confirmation votes ever for a justice picked by a Democrat. Continue reading...
August 06, 2010
| The Associated Press
-- NAME - Elena Kagan. BIRTHDATE-LOCATION - April 28, 1960-New York City. EXPERIENCE - U.S. solicitor general, 2009-present; dean, Harvard Law School, 2003-09; professor of law, Harvard Law School, 2001; visiting professor, Harvard Law School, 1999-2001; deputy assistant to President Bill Clinton for domestic policy and deputy director of the Domestic Policy Council, 1997-99. Continue reading...
August 06, 2010
by Julie Hirschfeld Davis | The Associated Press
It's all over but the celebrating and oath-taking for soon-to-be Supreme Court Justice Elena Kagan. Kagan is joining President Barack Obama at the White House on Friday for a ceremony to mark her confirmation as the nation's 112th justice. On Saturday, she's to be sworn in at the Supreme Court as the successor to retired Justice John Paul Stevens. Continue reading...
August 06, 2010
by Laura Litvan | Bloomberg
Elena Kagan will become the nation’s 112th justice tomorrow at a U.S. Supreme Court ceremony after the Senate gave President Barack Obama his second appointment to the high court in two years. Kagan, 50, a former Harvard Law School dean, will be the fourth woman and just the sixth member of the court who isn’t a white male. For the first time, the nine-member court will have three women as she joins Justices Sonia Sotomayor, Obama’s first appointee, and Ruth Bader Ginsburg. Continue reading...
August 06, 2010
| The Associated Press
The 63-37 roll call Thursday by which the Senate confirmed Elena Kagan as the 112th justice and fourth woman to serve on the Supreme Court. Continue reading...
August 06, 2010
by Susan Crabtree and J. Taylor Rushing | The Hill
The Senate confirmed Elena Kagan to the Supreme Court by a vote of 63-37 on Thursday. The vote capped off an extremely smooth confirmation process for the 50-year-old Kagan, whose nomination was backed by five Republicans and rejected by one Democrat, Sen. Ben Nelson (Neb.) Continue reading...
August 06, 2010
by Gary Marx | National Review Online Bench Memos
1. This 63–37 vote was a victory for judicial conservatives. No one expected her to be defeated, but no one expected her to receive 37 no votes, either. Sotomayor’s vote last summer was 68–31. 2. The climate regarding judicial nominations has been radically altered. There is now a significant political price to pay for nominating people who fail to respect the Constitution or who do not have a record of judicial restraint. Continue reading...
August 06, 2010
by John Stanton | Roll Call
The Senate voted 63-37 to confirm Solicitor General Elena Kagan to the Supreme Court on Thursday afternoon, making her the fourth female justice in U.S. history. Continue reading...
August 05, 2010
| SCOTUSreport.com
This post will be updated on an ongoing basis as senators announce their intent to support or oppose Elena Kagan's nomination to the Supreme Court.
OPPOSE (27)
James Inhofe: "While her service as the Dean of Harvard Law School is an impressive credential, decisions she made in that role demonstrated poor judgment. While there, she banned the U.S. military from recruiting on campus, an issue very important to me."
Jim DeMint: "During my private meeting with her, I asked Ms. Kagan questions about the limits of federal power. Her answers indicated her judicial philosophy is not grounded in the Constitution, and she would grant too much deference to precedent."
Orrin Hatch: "Qualifications for judicial service include both legal experience and, more importantly, the appropriate judicial philosophy. The law must control the judge; the judge must not control the law. I have concluded that, based on evidence rather than blind faith, General Kagan regrettably does not meet this standard and that, therefore, I cannot support her appointment."
Lisa Murkowski: "Perhaps my most significant concern about Ms. Kagan’s testimony was her admission that she really was not familiar with the history of the Second Amendment relied upon by the Supreme Court in the Heller case. I would expect more from a scholar of American constitutional law."
Mitch McConnell: "I do not have confidence that if she were confirmed to a lifetime position on the Supreme Court she would suddenly constrain the ardent political advocacy that has marked much of her adult life. The American people expect a justice who will impartially apply the law, not one who will be a rubberstamp for the Obama administration or any other administration."
Bob Bennett: "I have great respect for Senator Hatch’s judgment. I am impressed by the thoroughness of his questioning during the hearing and have withheld my judgment until after the hearings were over. I agree that many of the things in Ms. Kagan’s background are troublesome and justify a negative vote."
John McCain: "In the end, Kagan's interpretation of the Solomon Amendment was soundly rejected by the Supreme Court. By changing the policy she inherited and restricting military recruiter access when the prevailing law was to the contrary, Kagan stepped beyond public advocacy in opposition to a policy and into the realm of usurping the prerogative of the Congress and the president to make law and the courts to interpret it."
Johnny Isakson: "I believe a qualified judge is one who understands the value and the strength and the power of the Constitution of the United States of America, who will rule based on the law, and who will not legislate through activist judicial decisions. I do not believe Ms. Kagan’s record has met this standard."
Mike Johanns: "The Supreme Court Justices must ensure any law Congress creates does not infringe on the Constitutional rights of our country's citizens, not be a rubber stamp for unconstitutional laws that threaten an individual's personal freedoms. For these reasons, I will vote against Ms. Kagan’s nomination to the U.S. Supreme Court."
David Vitter: "When I met with her in June, the meeting brought up clear concerns about her past legal work - specifically related to her views on Second Amendment rights, reasonable protections for life, and military recruiters on campus. Unfortunately, none of my concerns were alleviated during her Senate confirmation hearings so I will oppose her nomination."
John Thune: “Throughout her career, Ms. Kagan has shown a strong commitment to a far left ideological belief system. We have only her word—and nothing else—to indicate that she will apply the law to the facts, and not her ideology to the law. For these reasons, I do not believe Ms. Kagan meets the standard to serve on the Supreme Court, and I cannot support her confirmation.”
Saxby Chambliss: “Her inadequate answers leave me with significant concerns on several issues, including discriminatory actions against military recruiters – in clear violation of federal law – while she was dean of Harvard Law School in protest of the military’s ‘don’t ask, don’t tell’ policy; her hostility toward the Second Amendment while employed by the judicial and executive branches; and her support for the egregious practice of partial-birth abortion."
John Cornyn: "Solicitor General Kagan’s testimony before the Judiciary Committee did not assure me that she agrees with the traditional understanding of the proper role of a judge. Judges should strictly interpret the written Constitution, which means both enforcing written limitations on the scope of government power, such as the Second Amendment and the Commerce Clause, as well as not inventing new rights or imposing their own policy views on the American people."
Roger Wicker: “I believe the Founding Fathers intended the Supreme Court to serve as a check and balance on Congress, rather than a rubber stamp on the policies and laws passed by the legislative body. Unfortunately, Ms. Kagan did not satisfy my concerns that she would uphold this fundamental standard. Instead, it appears the nominee believes that there is little limit to the federal government’s power over the individual rights of Americans."
Jeff Sessions: "The American people want judges who impartially follow the text of the Constitution. They reject judges who use their power to impose their own political views — liberal or conservative — on the nation. Throughout her career, Ms. Kagan has placed her politics above the law."
Tom Coburn: "With Kagan on the Court the chances are slim that the Supreme Court will rein in Congress and throw away years of expansive precedents that have nearly destroyed the Constitution. Our only hope is where it has always been in our system — with “We the People” and our willingness to elect leaders who will rediscover and apply the constitutional principles that made our government limited, and our country great."
Jim Bunning: "Recently, supporters of individual rights and liberty won an important victory when the Supreme Court ruled in the McDonald case that the Second Amendment was a fundamental right that is binding to the states. I fear that her appointment to the Supreme Court could undo the progress from the Heller and McDonald decisions that recognize Americans have the right to defend themselves."
Chuck Grassley: "Solicitor General Kagan's record shows that she allows her politics and personal views to steer her legal thinking and takes an outcome-based approach when analyzing cases. She also has praised jurists who endorse an activist judicial philosophy."
Jon Kyl: "Her seeming lack of interest in how the Federalist Papers and other founding documents might inform constitutional interpretation today, her apparent belief that the Commerce Clause allows virtually unlimited federal regulation (assuming some economic nexus, however small), her suggestion that the right to own a gun might not be 'fundamental' even after the Heller and McDonald cases, and her troubling approach to free speech issues (seen most clearly in the way she argued Citizens United) suggest that Ms. Kagan will be a judge who will let her policy preferences influence her legal judgments."
Richard Shelby: "Ms. Kagan has a well-defined political record. She failed to explain whether or where her political philosophy ends and her judicial philosophy begins. There is no empirical evidence to suggest that objective adherence to the U.S. Constitution will supplant her political beliefs in rendering judicial rulings on the nation's highest court. I firmly oppose her nomination."
Lamar Alexander: "In denying military recruiters equal access to Harvard Law students, Ms. Kagan ignored Harvard's obligations under federal law. Instead, she acted based upon what she thought the law should be. The use of her authority as dean in that way leads me to believe that she would use her authority as a Supreme Court Justice to advance her own policy preferences."
Richard Burr: "She has consistently substituted her personal beliefs for the law, giving poor advice on the constitutionality of options she disagreed with, and even skewing a medical statement on partial birth abortion in order to advocate for her position."
John Ensign: "Ms. Kagan's lack of support for the United States military, demonstrated hostility toward the Second Amendment and her propensity toward political activism signaled to me that her role on the Court would be one of liberal judicial activism."
Bob Corker: "Elena Kagan's actions as a clerk for the Supreme Court strongly suggest that she believes it is appropriate to use the court to achieve a political end. Nothing in her record, including her time as dean of Harvard Law, or in my meeting with her in June has assured me that she has evolved her thinking."
Kay Bailey Hutchison: "Her decision on military recruiters while at Harvard gives evidence of her personal views instructing her professional decisions in order to promote a social agenda. I simply cannot reconcile Ms. Kagan's sparse record and my concerns about whether she will be an impartial arbiter of the law and so I will oppose her appointment."
Ben Nelson: "I have heard concerns from Nebraskans regarding Ms. Kagan, and her lack of a judicial record makes it difficult for me to discount the concerns raised by Nebraskans, or to reach a level of comfort that these concerns are unfounded. Therefore, I will not vote to confirm Ms. Kagan's nomination."
George Voinovich: "Lack of judicial experience should not be an absolute bar on serving as a Supreme Court justice. However, Solicitor General Kagan not only lacks judicial experience, but has limited experience as a practicing attorney with really only the last year as solicitor general and two years as a junior associate making up her entire practice. Additionally, Gen. Kagan has an extremely limited written record, which should make all of us unsure as to what sort of justice she might be."
SUPPORT (60)
Al Franken: "Oh, I'm going to vote for Elena Kagan, yes," Franken said.
Mark Udall: "I am confident that she is not a rigid ideologue and her approach toward deliberating cases makes her a fine candidate for the Supreme Court. She would serve our country well."
Patrick Leahy: "I believe she will ably fill the seat occupied for decades by Justice Stevens with dignity and honor," Leahy said.
Arlen Specter: "The best protection of those values may come from the public's understanding through television of the court's tremendous power in deciding the nation's critical questions. In addition to her intellect, academic and professional qualifications, Kagan did just enough to win my vote by her answers that television would be good for the country and the court, and by identifying Justice Marshall as her role model."
Russ Feingold: "She impressed me with her legal knowledge, thoughtfulness, and reputation for consensus building."
Dianne Feinstein: "I have every confidence that Solicitor General Kagan will be a fine Supreme Court Justice. In fact, I have hope that she may be among our very best."
Benjamin Cardin: "After questioning Solicitor General Kagan, and listening to her testimony for a week, I am convinced that she has a clear understanding of how profound an impact her future decisions may have on the lives of everyday Americans."
Ted Kaufman: "I am heartened by what this nominee would bring to the Court based on her experience working in and with all three branches of government, the skills she developed running a complex institution like Harvard Law School, and yes, the prospect of her being the fourth woman to serve on our nation's highest court."
Byron Dorgan: "After considering Solicitor General Kagan's answers before the Senate Judiciary Committee and meeting with her one-on-one, I am confident that she will be an excellent Supreme Court Justice."
Michael Bennet: "The diversity of her experience and accomplishments will add perspective and depth to the deliberations in the Court chamber."
Amy Klobuchar: "I would have voted for her today and I will next week."
Jeff Merkley: "When I met with Elena Kagan, I was impressed by her intellect and pragmatic approach to the rule of law. Her well-established law career and her ability to build consensus among colleagues makes her an excellent and qualified nominee for the Supreme Court."
Roland W. Burris: "After speaking with her, I am confident she will be a worthy addition to the Supreme Court. General Kagan's legal training is second to none, and her diverse experience will bring added depth to the highest court in the land."
Dick Durbin: "President Obama said he wanted someone on the high court who understood the impact of the law on average Americans, and I believe the depth and breadth of Ms. Kagan's experience will allow her that perspective."
Lindsey Graham: "The Constitution puts a requirement on me, as a senator, to not replace my judgment for the President's. I'm not supposed to think of the 100 reasons I would pick somebody different. It puts upon me a standard that stood the test of time: Is the person qualified? Is it a person of good character? Are they someone that understands the difference between being a judge and a politician? And, quite frankly, I think she's passed all those tests."
Tim Johnson: "It is the role of the Senate to advise and consent when it comes to the President's nominee - not pick the person we would want most in the job. I voted for both of President Bush's nominees and look to the rating of the American Bar Association. Elena Kagan more than clears the bar for support and I look forward to voting for her on the Senate floor."
Chuck Schumer: "Sadly, it appears election-year politics may deprive her of the vote total that her nomination deserves."
Jeanne Shaheen: "Democratic U.S. Sen. Jeanne Shaheen has said she is impressed with Kagan and will vote to confirm her."
Debbie Stabenow: "She made it clear during her confirmation hearings that she would be a cautious and prudent Justice, and I believe she will provide a good counterweight to the judicial activism of the Roberts Court."
Sheldon Whitehouse: "Elena Kagan is a remarkably qualified attorney and public servant. She is the lawyer for the United States, representing our nation's interests before the Supreme Court and managing its appellate litigation across the country. She is the former Dean of Harvard Law School. And, as America saw during her hearing, she is a thoughtful lawyer who always seeks to understand and reconcile. She will bring strong judgment, incisive analysis, and a commitment to consensus-building to the Supreme Court."
Dick Lugar: "I have concluded that Solicitor General Elena Kagan is clearly qualified to serve on the Supreme Court and that she has demonstrated a comprehensive knowledge of court history and decisions. I believe that she has had a distinguished career in both education and public service and is well regarded by the legal community and her peers."
Susan Collins: "Having analyzed her record, questioned her personally and reviewed the Judiciary Committee's hearings, I have concluded that Ms. Kagan should be confirmed to our nation's highest court."
Chris Dodd: "It is clear from her testimony, her distinguished resume, and our meeting together that Solicitor General Kagan possesses outstanding legal skills and a profound respect for the rule of law."
Claire McCaskill: "Just a year ago, she was confirmed by the Senate with bipartisan support for a position in which she represents the American people in front of the highest court in the land, experience I know will translate well to serving on the other side of the bench."
Patty Murray: "Solicitor General Kagan has a strong legal background and is a highly qualified choice for the Supreme Court. When I met with her last May she struck me as thoughtful and fair-minded in her approach to some of the most pressing legal issues we face as a nation. She also presented an evenhanded view of our justice system that gives me every assurance that any individual or group from Washington state could stand before her and receive fair treatment."
Jack Reed: "She brings not only great knowledge of the Constitution, but also the understanding that this is a document that unites us--our aspirations, our ideals, our hopes, our wishes for the future--it links us to the past, and it unites us as we go forward into the future."
Olympia Snowe: "Throughout my tenure in the Senate, I have applied a uniform standard for evaluating nominees for the United States Supreme Court, under both Republican and Democratic administrations. I find that Ms. Kagan has met that standard with the strong intellect, respect for the rule of law, and understanding of the important but limited role of the Supreme Court that I believe is required of any Justice."
Judd Gregg: "During this process, Ms. Kagan has pledged that she will exercise judicial restraint and decide each case that comes before her based on the law, with objectivity and without regard to her personal views. She also has served the American people under two different administrations and has a strong legal academic background. She is qualified to serve on the U.S. Supreme Court."
Daniel Akaka: "Her nomination to our nation's highest court is something our entire country can be proud of. In recent years, we have taken many positive steps to make our government a better reflection of the American people. Solicitor General Kagan's confirmation as Associate Justice will continue that progress and mark the first time the U.S. will have three women on the Supreme Court at the same time."
Max Baucus: "'As a strong supporter of Montana gun rights, Senator Baucus has closely reviewed Ms. Kagan's response to questions on the Second Amendment,' Baucus spokeswoman Kate Downen said. 'In her confirmation hearing, Ms. Kagan responded that she views the Supreme Court's two recent Second Amendment cases reasserting the right of Americans to keep and bear firearms as settled law.'"
Evan Bayh: "After carefully reviewing her record, I believe she appreciates the limited role of the federal judiciary and is well-qualified to serve on our nation’s highest court. I look forward to voting to confirm her as the next Associate Justice of the Supreme Court.”
Mark Begich: “In our meeting earlier this summer, and in my review of her record and her testimony before the Senate, the picture that emerges is of a highly intelligent, extremely well-qualified nominee who understands the proper role of the Court in our nation. I am persuaded she will be guided by precedent and will not be an activist justice, trying to impose her judgment in place of that of elected officials."
Jeff Bingaman: "After closely examining her record, last year I joined a bipartisan group of senators who supported Elena Kagan for the position of Solicitor General. Ms. Kagan has demonstrated sound judgment and exhibited great skill in that key position, as well as in many other challenging jobs she has held. She is also highly regarded in the legal community. I look forward to supporting her nomination."
Barbara Boxer: "Elena Kagan is a role model for so many women entering the legal profession today. Her intellect, her broad range of legal experience, her sense of fairness, and her profound respect for the law make her well-qualified to serve as an Associate Justice of the Court. So I will be so honored to vote in favor of her nomination."
Sherrod Brown: Cleveland.com: "Brown and her supporters painted Kagan as a brilliant legal mind and a fair-minded moderate who will build consensus at the center of the court."
Maria Cantwell: Confirmed by Senator Cantwell's spokesperson to C-SPAN.
Tom Carper: "The fact that Chief Justice Rehnquist's nomination was supported by large numbers of Democratic senators not just once, but twice, is an important testament to the strength of our democratic process and our ability to work together across party lines. I hope we can make a similar statement later this week with the confirmation of Ms. Kagan to the Supreme Court with the support of senators from both sides of the aisle."
Kent Conrad: Reported by Politics Daily.
Kirsten Gillibrand: “Solicitor General Kagan is a strong, brilliant New Yorker, and I am proud to support her confirmation for the Supreme Court. Her historic achievements as the first woman to become Dean of Harvard Law School, and the first woman to serve as U.S. Solicitor General, demonstrates her level of excellence and strength of character. Solicitor General Kagan’s record of achievement, respect for the rule of law, and ability to build consensus has earned her strong, bipartisan support."
Kay Hagan: "I do plan on supporting her."
Tom Harkin: Reported by C-SPAN.
Dan Inouye: "I had the chance to meet with the Solicitor General and was impressed with her intellect and demeanor. Her judicial temperament, integrity and ability to navigate difficult issues will be an asset to our highest court."
John Kerry: "Bottom line: I want a Supreme Court Justice who believes what Elena believes about the courage and character of our military. And I hope we can have a new dialogue grounded in the facts of what this accomplished nominee actually has stood for and what she will bring to the Supreme Court."
Herb Kohl: "She impressed us with her sharp mind, keen intellect, and comprehensive knowledge of the Constitution and the law. She pledged to consider each case with an open mind and to impartially uphold the rule of law. And, she appeared mindful of the need for judicial modesty and fidelity to precedent, but not when it stands in the way of ending injustice or guaranteeing our fundamental rights."
Mary Landrieu: "In our meeting, I was struck by her willingness to listen to differing points of view and find a consensus. That sort of open-mindedness and enthusiasm will suit her well on the bench, and I have every confidence that she will be fair-minded justice."
Frank Lautenberg: “Ms. Kagan demonstrated last month during her Judiciary Committee hearings that she is clearly qualified for the job. Her background as a legal scholar and public servant will bring a diversity of experience to a Court consisting entirely of former judges. In addition, her history of building consensus across ideological divides will serve an important role."
Carl Levin: "Elena Kagan is smart, she is experienced, she is learned, and she is fair. She has the support of a host of organizations, a broad cross-section of organizations, including the National District Attorneys Association, as well as a broad range of prominent scholars. She will make an excellent Justice of the Supreme Court. I hope she is overwhelmingly confirmed."
Joe Lieberman: Hotline On Call: "Sen. Joe Lieberman (I-CT) expressed support for Kagan's nomination in floor remarks today."
Blanche Lincoln: LA Times: "Lincoln's office said Wednesday that the senator would vote to confirm Kagan. But when Lincoln took to the Senate floor in the afternoon, she spoke at length about a child nutrition bill and didn't mention the nominee."
Robert Menendez: Confirmed by Senator Menendez's spokesperson to C-SPAN.
Barbara Mikulski: “We know the reason we’re advocating for her is not about gender, but about the legal agenda before this Supreme Court. And we want to have a justice on that court who is extremely qualified and brings a strong commitment to civil rights, to equal justice; someone who brings not only legal scholarship, but also an independent voice. Ms. Kagan is extremely qualified in these areas."
Bill Nelson: Reported by TampaBay.com.
Mark Pryor: "I don't have a particular concern about her. I'm going to vote for her confirmation."
Harry Reid: Reported by C-SPAN.
Jay Rockefeller: "I am pleased to give my full support to the nomination of Elena Kagan for Associate Justice of the Supreme Court of the United States—I believe she understands, and cares about, the enormously important role that our courts play in protecting the freedoms of all Americans under the Constitution."
Bernie Sanders: Confirmed by Senator Sanders' spokesperson to C-SPAN.
Jon Tester: Tester spokesman Aaron Murphy: “Like any Supreme Court justice, Jon expects Ms. Kagan to respect the court’s decisions already on the books upholding Second Amendment rights for all law-abiding Americans, no matter where they live.”
Tom Udall: "Throughout the confirmation process, Solicitor General Kagan has proven that she is well-prepared to serve on the United States Supreme Court. She has long been recognized as one of our nations leading legal minds and has demonstrated her expertise arguing cases before the court on which she has now been nominated to serve."
Mark Warner: "Elena's testimony showed that she will be an impartial justice and, in her own words, ‘enable all Americans, regardless of their background or their beliefs, to get a fair hearing and an equal chance at justice.’"
Ron Wyden: Confirmed by Senator Wyden's spokesperson to C-SPAN. Continue reading...
August 05, 2010
| The Washington Times
Supreme Court nominee Elena Kagan is being rammed through Senate confirmation before important questions about her background have been answered. Opponents should use every parliamentary tool available to delay a final confirmation vote until after the August recess. One available tool is the old-fashioned, one-man filibuster that lasts as long as the filibustering senator can keep his feet. Failure to push parliamentary tactics to the outer limit short of permanent filibuster exposes opposition fecklessness. The public is in the mood for a stringent defense of the Constitution and debate thereon, and the Senate has failed to deliver. Continue reading...
August 05, 2010
by Julie Hirschfeld Davis | The Associated Press
Her confirmation assured, Elena Kagan is on the brink of becoming the fourth woman ever to serve as a Supreme Court justice. The Senate is set Thursday to confirm President Barack Obama's nominee, whose addition to the court will mark the first time three female justices have served concurrently. Nearly all Democrats, the Senate's two independents and a handful of Republicans are backing her. The vote is to be one of the Senate's last actions before its members depart for a monthlong vacation. Continue reading...
August 05, 2010
by James Oliphant | The Los Angeles Times
Elena Kagan's elevation to the Supreme Court appeared virtually assured Wednesday, the second day of debate over her confirmation, as a majority of senators declared support for her nomination. Kagan, 50, the U.S. solicitor general, was tapped by President Obama in May to replace retired Justice John Paul Stevens. A floor vote on the nomination is likely Thursday, and Republicans are not expected to attempt a filibuster. Continue reading...
August 05, 2010
by Josh Gerstein & Manu Raju | Politico
To many, Supreme Court nominee Elena Kagan’s degree from Harvard Law School and her subsequent service as the school’s dean might be seen as a boon for her candidacy for the high court, proof of an Ivy League-caliber intellect that qualifies her to join the nation’s most elite group of legal thinkers. But Sen. John McCain (R-Ariz.) said Wednesday that he’s had his fill of Supreme Court hopefuls who hail from the esteemed university by the Charles. Continue reading...
August 05, 2010
by Thomas McCardle | Investor's Business Daily
According to Saul Alinsky, the leftist founder of modern community organizing and longtime inspiration to President Obama, "One acts decisively only in the conviction that all the angels are on one side and all the devils on the other." Solicitor General Elena Kagan is one step away from becoming not only a Supreme Court justice, but part of a trio TV viewers might call "Barry's Angels." Continue reading...
August 05, 2010
by Newt Gingrich | National Review Online
Last fall, Judge Diarmuid O’Scannlain delivered a lecture at Princeton in which he said that some of his colleagues on the Ninth Circuit Court of Appeals—the same court that ruled in 2002 that the inclusion of the words “Under God” in the Pledge of Allegiance was unconstitutional—saw themselves as social workers. Demurring from this conception of the judicial role, he declared that judges “have our separate roles to play.” As the confirmation process for Solicitor General Elena Kagan draws to a close, the question of whether Ms. Kagan is capable of conforming herself to the appropriate role of judge in the American system should be at the heart of the Senate’s decision. Continue reading...
August 05, 2010
by Caroline May | The Daily Caller
Few fireworks erupted as the Senate opened up floor debate over Supreme Court nominee Elena Kagan this week. Conventional wisdom remains that President Barack Obama’s second nomination to the high court will be confirmed with little trouble. Despite the appearance of a fait accompli, numerous conservative groups have provided a wide range of reasons to oppose the Kagan nomination. Among the oft listed concerns are: her lack of experience, her perceived hostility to the military and free speech, her abortion and gay rights records, and her apparent reverence for foreign law. All these points have acted to obscure what some argue is one of her primary disqualifications — her sympathetic view of Sharia, or Islamic law. Continue reading...
August 05, 2010
by Desmond Shephard | Bikyamasr
Controversy over American President Barack Obama’s Supreme Court nominee Elena Kagan is coming from the most unlikeliest of locations: Egyptian Coptic Christians abroad. They have launched a campaign against Kagan, arguing she supports Islamic law, or Sharia. In a statement sent to supporters, the National American Coptic Assembly led by outspoken conservative Morris Sadek, called on its followers to send letters to Congress in order to block Kagan’s appointment. Continue reading...
August 05, 2010
by Gary Marx | National Review Online Bench Memos
As Ed already mentioned, the conservative guess is that 35 senators will vote against Elena Kagan’s nomination to the Supreme Court. If that guess is right, only one Democratic Supreme Court nominee will have received more “no” votes — Wheeler Hazard Peckham, who was rejected by a margin of 41–32 in 1894. That remarkable level of Senate opposition reflects the public’s ambivalence about her nomination. The latest Gallup survey found that only 46 percent of Americans want to see the Senate confirm Kagan. Continue reading...
August 05, 2010
by Lisa McElroy | SCOTUSblog
It’s almost here . . . the Senate vote to confirm Elena Kagan as the 112th Justice of the United States Supreme Court. But, you might ask, can you really say at this point that the Court should be purchasing a leather chair for the soon-to-be fourth female Justice? Yes, given the Democratic majority in the Senate and the confirmed votes of several Republicans, Kagan’s transition from Solicitor General to Associate Justice sometime in the next few days is all but assured. Continue reading...
August 04, 2010
by Ed Whelan | National Review Online Bench Memos
Last week Justice Ginsburg gave another speech defending the Supreme Court’s selective and unprincipled resort to foreign law to redefine the meaning of provisions of our Constitution. Her speech—titled “‘A decent Respect to the Opinions of [Human]kind’: The Value of a Comparative Perspective in Constitutional Adjudication”—isn’t quite as awful as her identically titled speech from five years ago, which I critiqued in my NRO essay “Alien Justice.” But the heart of my critique fully applies... Continue reading...
August 04, 2010
by Ed Whelan | National Review Online Bench Memos
Last week Democratic senator Ben Nelson announced that he will vote against the Kagan nomination. By my count, 31 Republican senators have also stated that they will vote against Kagan. Continue reading...
August 04, 2010
by Ed Whelan | National Review Online Bench Memos
Yesterday, Senator George Voinovich delivered a floor statement explaining why he will vote against the Kagan nomination. Voinovich’s opposition is particularly noteworthy because he was one of nine Republicans to vote for the Sotomayor nomination and because he is retiring from the Senate and thus cannot be accused of voting in a way that advances his political self-interest. (I don’t mean implicitly to credit this cheap accusation when it is leveled against others.) Continue reading...
August 04, 2010
by Lydia Saad | Gallup
Just under half of Americans -- 46% -- would like to see the U.S. Senate vote to confirm Solicitor General Elena Kagan to the U.S. Supreme Court, a bit more than the 36% who disagree. Public support for Kagan has been fairly steady at this level since May, just prior to the start of her Senate confirmation hearings. Continue reading...
August 04, 2010
by Jordan Fabian | The Hill's Blog Briefing Room
Sen. Jeff Sessions, the ranking Republican on the Senate Judiciary Committee, said Wednesday that his party would not filibuster Elena Kagan's Supreme Court nomination. Sessions (Ala.) criticized Kagan, President Obama's solicitor general, for lacking judicial experience and having liberal legal views. But he said the Senate is "not prepared" to filibuster her nomination, despite his concerns. Continue reading...
August 04, 2010
by Mary Kate Cary | U.S. News and World Report
As Elena Kagan's nomination to the Supreme Court moves to a full Senate vote, the conventional wisdom in Washington is that her tenure will not change much on the court—after all, she's a liberal justice replacing her fellow liberal, retiring Justice John Paul Stevens. But that view misses an important aspect of Kagan's ascension. For the first time, the court would have three female justices, a critical mass that will change the way the group once called the "brethren" will approach its work. A lot of the difference has to do with the kind of questions women ask. Continue reading...
August 04, 2010
by Julie Hirschfeld Davis | The Associated Press
Elena Kagan marched toward certain Senate confirmation Wednesday, winning enough declared supporters to become the fourth female justice ever to serve on the Supreme Court over increasingly grave Republican objections. A parade of GOP senators took to the Senate floor to outline the case against Kagan even as it became clear that President Barack Obama's nominee had drawn a majority for confirmation. Republicans portrayed the 50-year-old solicitor general as a partisan figure who would be unable to prevent her liberal leanings from interfering with a justice's responsibility to rule impartially. Continue reading...
August 04, 2010
by David M. Herszenhorn | The New York Times
The Senate on Tuesday opened debate on Elena Kagan’s nomination to the Supreme Court, with Democrats praising her as a sagacious legal mind and a refreshing choice from outside the usual ranks of federal judges and Republicans denouncing her as a liberal partisan who would bend the law to her political views. Ms. Kagan, the solicitor general and former dean of Harvard Law School chosen by President Obama to replace the retiring Justice John Paul Stevens, has secured the support to be confirmed. A vote is planned by the end of this week. Continue reading...
August 04, 2010
by Sean Lengell | The Washington Times
The full Senate opened debate Tuesday on Supreme Court nominee Elena Kagan by rehashing old squabbles over her qualifications, none of which are expected to keep her from becoming the fourth woman in history to serve on the nation's highest court. Republican opponents portrayed the former Harvard Law School dean as a liberal ideologue who hates guns and the military, lacks judicial experience and would steer the nation's highest court far to the left. Supporters, mostly Democrats and independents, countered that Ms. Kagan opponents are unduly paranoid, saying that the Obama nominee holds mainstream views and is an exceptional legal scholar who has the uppermost respect of her peers. Continue reading...
August 04, 2010
| USA Today
Supporters and opponents of Elena Kagan painted vastly different portraits of the Supreme Court nominee on Tuesday as they got their final say on the Senate floor before a near-certain vote to confirm her this week. Democrats, led by Judiciary Committee Chairman Patrick Leahy, praised President Obama's nominee as a highly qualified legal scholar who would add a note of fairness and common sense to the court. Republicans, led by Sen. Jeff Sessions of Alabama, charged she's inexperienced and would use her post to mold the law to her liberal beliefs. Continue reading...
August 04, 2010
by James Oliphant | The Los Angeles Times
The Senate floor debate over the nomination of Elena Kagan to U.S. Supreme Court began Tuesday morning, but much of what is expected to take place over the next few days likely will have little to do with Kagan herself. Her confirmation appears assured. At least five Republicans have indicated they will support her. One Democrat, Ben Nelson of Nebraska, has expressed his opposition, but in doing so, said he would not back any attempt to filibuster the vote. Continue reading...
August 04, 2010
by Paul Kane | The Washington Post
The Senate, tied in knots on almost every other legislative issue, is now gliding toward ending its session on a high note for Democrats by confirming Elena Kagan as the fourth woman to serve as a Supreme Court justice. Unable to find consensus on a series of domestic policy issues -- including help for small businesses, financial aid to cash-strapped states and energy legislation -- Senate Majority Leader Harry M. Reid (D-Nev.) moved the chamber into several days of debate on Kagan's nomination Tuesday morning. Continue reading...
August 04, 2010
by Shayndi Raice and Corey Boles | The Wall Street Journal
The full Senate began debating Elena Kagan's nomination to the Supreme Court on Tuesday, with Republicans continuing to say she was a political nominee who would seek to advance a liberal agenda. The Senate Judiciary Committee voted 13-6 in favor of Ms. Kagan last month and there is little doubt she will be confirmed when the full Senate votes, likely on Thursday. Already, five Republicans have declared they will vote for her, ensuring she will have more than the 60 votes required to close off debate on her nomination. Continue reading...
August 04, 2010
by Josh Gerstein & Manu Raju | Politico
Senate floor debate on Supreme Court nominee Elena Kagan kicked off Tuesday, beginning the final chapter in what has proved to be a low-drama process well-suited to a hot Washington summer. Conservative and liberal judicial activists generally agreed that the struggle over Kagan’s nomination has produced fewer fireworks and drawn less public attention than any nomination since President Bill Clinton tapped Stephen Breyer in 1994. Even the structure of the Senate’s final three-day debate over Kagan was indicative of a less-than-riveting process: Majority Leader Harry Reid warned colleagues to expect repeated interruptions to take up other pressing Senate business.
Continue reading...
August 04, 2010
by Doug Kendall & Jim Ryan | Politico
Elena Kagan’s testimony during her Supreme Court confirmation hearings, which echoed important parts of Chief Justice John Roberts’s 2005 testimony, officially ended the heated debate over conservative “originalism” versus liberal “living constitutionalism.” Roberts had rejected an absolutist form of originalism — the idea that judges are bound by the “original meaning” of the Constitution’s words. Rather, he endorsed a form of living constitutionalism: the idea that the Constitution’s broad terms must be interpreted in light of modern circumstances. Kagan, speaking to the Senate Judiciary Committee, echoed Roberts’s point about the Constitution’s broad terms but also declared, “We are all originalists.” Continue reading...
August 04, 2010
by Julie Hirschfeld Davis | The Associated Press
Democrats and Republicans presented dueling portraits Tuesday of Elena Kagan and the Supreme Court she's seeking to join at the start of a politically charged debate over her fitness to be a justice, making what amounted to closing arguments before a near-certain confirmation vote by week's end. Democrats praised President Barack Obama's nominee as a highly qualified legal scholar who would add a sorely needed note of fairness and common sense to a court they described as dominated by a conservative majority run amok. Continue reading...
August 04, 2010
by Boston Herald Editorial Staff | The Boston Herald
There once was a time when absent a scandal or evidence of gross incompetence, nominees to the U.S. Supreme Court could expect virtually unanimous confirmation by the Senate. Sad to say that time has come and gone and both parties have had a hand in changing the rules of the game. There seems little question that solicitor general and former Harvard Law School dean Elena Kagan will have the votes to make her the newest member of the High Court, replacing Justice John Paul Stevens. Late last week she picked up the vote of New Hampshire Republican Judd Gregg, bringing to five the GOP senators who have publicly announced their support. Continue reading...
August 04, 2010
by Bill Mears | CNN
Senators began floor debate Tuesday on the nomination of Elena Kagan to the Supreme Court, with Republicans mustering little desire to delay a final vote. The 50-year-old solicitor general is expected to be confirmed as the 112th justice on Thursday, and could be sworn into her judicial post by week's end. The start of three days of off-and-on debate centered on Kagan's lack of judicial experience, and whether that would hurt her ability to sit on the nation's highest court. All nine members of the current court came from various federal appeals courts. Continue reading...
August 04, 2010
by Brian Darling | The Heritage Foundation's Blog The Foundry
The Senate today commenced debate on the nomination of Elena Kagan to serve a lifetime appointment on the U.S. Supreme Court. Senator Jeff Sessions (R-AL) opened the proceedings with a strong statement of how conservatives should assess nominees to the High Court. Senator Sessions started with a discussion of “Don’t Ask, Don’t Tell” and Elena Kagan’s efforts to bar the military from recruiting on campus in her role as Dean of the Harvard Law School. Continue reading...
August 04, 2010
by Brian Darling | The Heritage Foundation's Blog The Foundry
The Senate today commenced debate on the nomination of Elena Kagan to serve a lifetime appointment on the U.S. Supreme Court. The debate opened with Senator Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee setting the tone for liberals in the Senate. The debate expected to last until the end of the week. Continue reading...
August 04, 2010
by David Ingram | The Blog of Legal Times
As they debate whether to confirm Elena Kagan to the U.S. Supreme Court, senators are once again revisiting whether she has enough legal experience to serve as a justice. Sen. Jeff Sessions (R-Ala.), the top Republican on the Senate Judiciary Committee, ramped up his criticism of Kagan’s experience, saying her relative lack of litigation work affected her testimony at her confirmation hearing. “I think a real lawyer or experienced judge who had seen the courtroom and the practice of law would not have tried as she did to float their way through a hearing in the manner that she did,” Sessions said in a floor speech this morning. Continue reading...
