Elena Kagan

Senators make final arguments on Elena Kagan

Oppenents and supporters get in their last words before the near-certain vote to confirm later this week

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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 later this week.

Democrats praised President Barack Obama’s nominee as a highly qualified legal scholar who would add a sorely needed note of fairness and commonsense to a court whose conservative majority, they argue, has run amok. Republicans charged she’s an inexperienced cipher who would use her post to mold the law to her own liberal beliefs.

Despite the partisan divide, Kagan was on track for easy confirmation with the support of nearly all Democrats and a handful of GOP senators. In line to become the court’s fourth woman, she’s not expected to alter the ideological balance of the court in succeeding retired Justice John Paul Stevens, a leader of its liberal wing.

“She made clear she’ll base her approach to deciding cases on the law and the Constitution — not on politics, not on an ideological agenda,” said Sen. Patrick Leahy, D-Vt., the chairman of the Judiciary Committee.

He called her views “mainstream,” and said she has “demonstrated her respect for the rule of law, her appreciation for the separation of powers, and her understanding of the meaning of our Constitution.”

Sen. Jeff Sessions of Alabama, the panel’s ranking Republican, presented a harsh indictment of Kagan, calling her an unqualified, intellectually dishonest nominee who would pretend to be an objective judge but instead seek to push her own agenda.

“I don’t think it’s a secret. I think this is pretty well known that this is not a judge committed to restraint, (or) objectivity,” Sessions said. Her past actions and testimony indicate she’d be “an activist, liberal, progressive, politically minded judge who will not be happy simply to decide cases but will seek to advance her causes under the guise of judging.”

Sen. Harry Reid, D-Nev., the majority leader, pleaded for a “passionate but civil” debate over Kagan, the 50-year-old solicitor general and former Harvard Law School dean.

Still, the discussion was already infused with politics, coming just months before midterm congressional elections.

A conservative group heaped criticism on the five Republican senators who have announced plans to join Democrats in supporting Kagan, singling out Sen. Lindsey Graham, R-S.C., the first defector, for special contempt.

“The people who sent Senator Graham to Washington to represent their wishes will surely remember this act,” Andrea Lafferty, who heads the church lobby group Traditional Values Coalition, said in a statement.

The organization also blasted Kagan’s other GOP supporters, Maine Sens. Susan Collins and Olympia Snowe, retiring Sen. Judd Gregg of New Hampshire, and Indiana Sen. Richard Lugar.

For his part, Sessions implored Democrats to take a second look at President Obama’s nominee — clearly hoping to persuade those from conservative-leaning states to vote “no.”

“We’re not lemmings here. We have a constitutional duty to make an independent decision,” Sessions said.

Sen. Ben Nelson of Nebraska is the only Democrat so far to say he plans to oppose Kagan.

Key Republican previews case against Kagan

Sen. Jeff Sessions says the Supreme Court nominee has dangerous political approach to the law, lacks experience

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The top Republican on the Senate Judiciary Committee is telling colleagues that Elena Kagan has a dangerous political approach to the law that makes her unfit for the Supreme Court.

Sen. Jeff Sessions of Alabama is previewing his case against Kagan in a letter to senators the day before the Senate begins debating her nomination.

A vote to confirm President Barack Obama’s nominee is planned by the end of the week, with virtually all Democrats and a handful of Republicans expected to be in favor.

Sessions calls Kagan’s lack of judicial experience a “dramatic deficit,” and says she would try to mold the law to her liberal beliefs. He charges she’s worked to increase the availability of abortions and is hostile to gun rights.

Senator Ben Nelson will vote against Kagan

The Nebraska Dem won't filibuster Obama's second Supreme Court nominee, but he has to prove that he's no liberal

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Senator Ben Nelson will vote against KaganElena Kagan and Sen. Ben Nelson (D-Neb.)

Nebraska Democrat Ben Nelson, America’s Most Annoying Senator, will vote against Elena Kagan, because — well, the “reason” he gives is completely unimportant, because he is just voting against her to prove that he is not a socialist, like the president.

Nelson will vote for cloture, though, so this is an entirely symbolic gesture, and what it symbolizes is, “Ben Nelson is an obnoxious political coward.”

Alex Pareene

Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene

Top Judiciary Republican calls Kagan “dangerous”

Sen. Jeff Sessions says Americans won't forgive voting to "impose a legal progressive activist legislator"

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The top Republican on the Senate Judiciary Committee is calling Elena Kagan “a dangerous, progressive, political” nominee for the Supreme Court.

Sen. Jeff Sessions of Alabama is warning fellow senators to “be careful” about backing President Barack Obama’s nominee, who’s expected to be confirmed easily next week.

He says Americans won’t forgive senators who vote to “impose a legal progressive activist legislator from the bench upon them.”

Sessions’ latest and strongest speech denouncing Kagan comes shortly after Sen. Olympia Snowe of Maine became the fourth Republican to announce she’d break with her party to support Obama’s nominee.

GOP Sen. Lugar to support Kagan for Supreme Court

Indiana Republican is only the second in his party to announce his intention to confirm the nominee

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Republican Sen. Richard Lugar, breaking with the GOP on an election-year Supreme Court nomination, on Wednesday became the second in his party to announce he would vote to confirm Elena Kagan as a justice.

The Indiana Republican’s position doesn’t alter the positive outlook for Kagan, who was already on track to be confirmed early next month. Democrats have more than enough votes to push through her nomination, and Republican foes have shown little inclination — despite pressure from conservative groups — to block the move through a filibuster.

Lugar’s announcement is the latest in what’s expected to be a trickle of support among the Senate’s band of GOP moderates for President Barack Obama’s choice to succeed retired Justice John Paul Stevens.

In a statement, Lugar said he’d carefully followed Kagan’s confirmation hearing testimony and the debate about her nomination, including recommendations from his constituents, and concluded that she is up to the job.

“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,” Lugar said.

He added that Kagan has had a “distinguished career” in education and public service and is “well regarded by the legal community and her peers.”

Most Republicans argue that Kagan would seek to impose a liberal political agenda on the Supreme Court, moving to expand abortion rights, sanction gay marriage, and curb gun rights, among other things.

Political pressures are also playing a role a few months away from midterm elections, with interest groups leaning on senators to display their differences with Obama by voting down his nominee.

Sen. Lindsey Graham of South Carolina on Tuesday became the first Republican to say he’d join Democrats in backing Kagan.

Lugar is one of seven Republicans who voted to confirm Kagan last year as solicitor general. Three GOP conservatives who also did so — Sens. Tom Coburn of Oklahoma, Orrin Hatch of Utah and Jon Kyl of Arizona — are opposing her for the Supreme Court. The other three — Maine Sens. Susan Collins and Olympia Snowe and New Hampshire Sen. Judd Gregg — have yet to announce their intentions.

Collins, Gregg and Snowe are all considered potential GOP supporters of Kagan, as is Sen. Scott Brown of Massachusetts, who said Tuesday he hadn’t yet decided how to vote.

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Obama hails Senate committee vote approving Kagan

The president calls approval a "bipartisan affirmation of her strong performance"

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President Barack Obama is calling Supreme Court nominee Elena Kagan’s approval by the Senate Judiciary Committee a “bipartisan affirmation of her strong performance” in confirmation hearings.

In a written statement, Obama said Kagan is one of the country’s leading legal minds and that she would be a fair and impartial justice if ultimately confirmed by the full Senate. Obama says the solicitor general understands how the high court’s decisions affect everyday people’s lives.

The committee voted 13-6 in favor of Kagan. Only one Republican, South Carolina’s Lindsey Graham, supported her.

Obama said he looked forward to the full Senate voting on her nomination before Congress goes on its summer recess.

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