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Elena Kagan Confirmed to Supreme Court, 63 to 37

1 year ago
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As expected, the Senate approved on Thursday the nomination of Solicitor General Elena Kagan to the U.S. Supreme Court on a 63-37 vote.

Fifty-six Democrats, two independents, and five Republicans voted in favor Kagan's nomination, while one Democrat, Sen. Ben Nelson of Nebraska, joined 36 Republicans in voting no.

Kagan watched the vote on television from a Justice Department conference room with her colleagues, the White House said.

The road to Thursday's confirmation was mostly smooth for Kagan, who was approved earlier in the summer by the Senate Judiciary Committee, 13 to 6, with the support of one Republican, Sen. Lindsey Graham. By Wednesday night, Kagan had won approval from 60 senators, including five Republicans, giving her a filibuster-proof majority for her confirmation.

Supporters called her both loyal to the rule of law and qualified for the high court.

"General Elena Kagan is a public servant who has remained far above the public fray," Majority Leader Harry Reid said. "Because of her intellect, her integrity, her respect for the law and her unwavering fidelity to the Constitution, I am proud to vote for Elena Kagan to be the next justice on the Supreme Court."

But her nomination was never completely without controversy, as top GOP senators blasted her lack of judicial experience and warned that her work as a clerk for Justice Thurgood Marshall, and a job in the Clinton White House, proved her partisan instincts.

Conservatives pointed to Kagan's role in limiting military recruiters' access to Harvard law students' career office when she was the dean there. They also objected to her work in the Clinton administration during the debate on banning partial-birth abortion and called it evidence she would be a solidly pro-choice vote on the court.

Sen. Jeff Sessions, the top Republican on the Judiciary Committee, spoke in opposition to her nomination. "Ms. Kagan has never been a judge and never argued before a jury," Sessions said. "She has practiced law for just three years. Ms. Kagan has less real legal experience than any nominee in the last half-century. Throughout Ms. Kagan's career she has put her politics above the law."

Senate Minority Leader Mitch McConnell called Kagan "not suited to assume a position on this nation's highest court," saying that her career, in his opinion, had not been spent "in the pursuit of the law, but in the art of politics."

Now that the Senate has confirmed Kagan, she will be sworn in quickly to succeed retiring Justice John Paul Stevens. She'll then have about two months to hire a staff and prepare for the court's opening session in October, when she'll also have a formal investiture ceremony.

Kagan is the fourth woman confirmed in the court's history and will become the third woman on the current court.

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elnpet

I think this is a wrong decision for the Supreme Court, on the grounds she is not experienced enough for the job and will go with her feelings and not the Constitution. I think every new judge should have some experience as a sitting judge before being elected to the Supreme Court. Perhaps this should be amended as such.

August 12 2010 at 1:34 AM Report abuse +3 rate up rate down Reply
itala2

Everyone seems to forget that Kagan was Solicitor General of the United States. That means she presented cases on behalf of the US to the Supreme Court. Seems to me that might be valuable experience, but apparently not to some.
Also 40 of 111 Supreme Court Justices never had judicial experience, but that was ok also.
This hypocritical stance makes me wonder whether it might be because she is a woman or because she is Jewish? hmmm

August 06 2010 at 1:30 PM Report abuse -4 rate up rate down Reply
dc walker

Can you tell me. After both sides make their arguments to the court do the justices take what they have heard and write their briefs or do they sit down and discuss the case and then write their Opinions.

August 06 2010 at 1:05 PM Report abuse +4 rate up rate down Reply
nbk4real

her confirmation does not change the fact we have a corporate owned right wing supreme court. Its not going to do any good replacing a moderate with a moderate, we need to get rid of scalia, roberts, thomas or alito. All who have been a disgrace to the court nor did they rule as they projected they would. They are the snakes in the supreme court grass.

August 06 2010 at 4:37 AM Report abuse -9 rate up rate down Reply
jmedlm

A lifetime appointment… God help us all.

Elena Kagan is a liberal, a progressive -- Kagan persuaded former President Bill Clinton to veto the partial birth abortion ban after calling President Clinton’s desired approach a “problem.”

Kagan opposed the presence of U.S. military recruiters on campus at Harvard - saying the military's "Don't Ask, Don't Tell" policy discriminated against homosexuals. While Kagan was outspoken about her opposition to military recruiters at Harvard, she made no protest about a Saudi prince’s $20 million donation to Harvard for the establishment of an Islamic studies institute that, among other things, “funds” the study of Sharia law.

Sharia law is among the most oppressive, anti-human rights legal regimes in history. In Saudi Arabia, homosexual conduct is punished by death or a lesser penalty of lashings.

Much of her career is laden in Liberal politics. They say she is ‘really smart’ --President Obama described her as a trailblazer for women -- ? No Thank you -- not following. There are a lot of ‘really smart’ people in this world -- and just look at it -- true wisdom and depth in this life is very very rare. I am thankful that God has chosen me, as all of this we endure will be survived by the way, the truth, and the light.

August 06 2010 at 1:36 AM Report abuse +8 rate up rate down Reply
bb

Such intelligent comments. God help us. Before you submit again, please revisit your constitutional history books and drag out the spelling books while your at it.

August 05 2010 at 11:28 PM Report abuse -11 rate up rate down Reply
Midnite Mutt

I wonder why, with no judicial experience to her resume, how she was confirmed? Wasn't there another person by the name of Harriet Myers taken out for the same reason? What has changed? Why Kagan and not Myers??

August 05 2010 at 10:50 PM Report abuse +51 rate up rate down Reply
Rogell

She's definitely deserving, and Senator Ben Nelson of Nebraska needs his head examined...to suggest that she's not qualified. Please!!!

August 05 2010 at 10:48 PM Report abuse -59 rate up rate down Reply
donc60

It is difficult to understand how so many people can express an opinion that demonstrates that they have no idea of the duties of a justice on the Supreme Court. They are not trial judges: they do not determine the facts of a case. The Constitution does not require that they be attorneys or have judicial experience. The duties are to determine the law to be applied to a set of already established facts and to decide disputes between States. The court gave itself the duty to interpret the constitution and to decide if certain laws meet the guidelines set out in that document. (Marbury v. Madison). This lady is profoundly qualified by her experience to perform those duties.

August 05 2010 at 10:20 PM Report abuse -43 rate up rate down Reply
treasure2me

Folks, the Supreme Court's job is to interpret the law in given cases presented to them. They aren't there to rewrite the laws. Someone alluded to them writing laws; wrong!

August 05 2010 at 10:16 PM Report abuse +54 rate up rate down Reply

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