Kagan wins Senate confirmation in mostly partisan vote, 13 to 6

story by The Hill
written by Susan Crabtree

The Senate Judiciary Committee has voted to confirm Elena Kagan’s nomination to the Supreme Court on a mainly partisan vote of 13 to 6.

All the Democrats on the committee voted in favor of Kagan, while all but one Republican, Sen. Lindsey Graham (R-S.C.), voted against her. Graham, who was one of just nine Republicans who voted in favor of Sonia Sotomayor’s confirmation last year, joined Democrats in voting in favor of Kagan.

“No one spent more time trying to beat President Obama perhaps other than Senator McCain,” Graham said. “I understood that we lost, Sen. Obama won, and … the Constitution requires me as a senator not to replace my judgment for his … or pick a fight with Ms. Kagan.”

Graham also praised Kagan’s performance during the hearing and predicted she would serve “honorably” even though he disagrees with her “liberal” views and would not have chosen her himself.

The full Senate is expected to approve Kagan’s nomination with just a handful of centrist GOP votes, most likely later this month.

Judiciary Committee Chairman Patrick Leahy (D-Vt.) praised Kagan’s experience and performance during the confirmation hearings.

“She is a highly experienced person … she has been the dean of the most prestigious law school in this country and has been Solicitor General, and I note that she has the highest possible rating in the American Bar Association committee on the federal judiciary,” Leahy said.

Sen. Jeff Sessions (R-Ala.), the ranking member of the panel, cited her lack of judicial experience and record on limiting military recruiters’ access to Harvard Law School while dean, as well as her tenure as a legal adviser at the Clinton White House.

“Her lack of robust legal experience … compared to other Supreme Court nominees who spent years trying cases, taking depositions — the kind of day-in and day-out experience that forces critical thought … Kagan does not have that kind of experience. She just does not. Most of her experience is political experience.”

Senate Judiciary Republicans who backed Kagan for solicitor general in 2009 but voted against her on Tuesday include Sens. Tom Coburn (Okla.), Orrin Hatch (Utah) and Jon Kyl (Ariz.).