Senate Judiciary Confirms Kagan Nomination 13-6, Sends to Full Senate For Vote

As expected, Solicitor General Elena Kagan’s nomination to replace retired Justice John Paul Stevens on the Supreme Court cleared the Senate Judiciary Committee today.  The final vote was 13-6 with all Democrats on the Committee voting to support her nomination.  Only Senator Lindsey Graham (R-SC) broke ranks and voted to support her nomination.  The nomination now goes to the full Senate where her confirmation seems all but assured.  The Senate vote is expected to come sometime in early August.

If General Kagan is confirmed the nine-member court will have four Democratic appointees for the first time since 1971.  General Kagan will also be a part of judicial history when, for the first time ever, three of the justices will be women.  Considering the fact that over half of the legal profession is comprised of women this is an accomplishment that still speaks loudly to gaping gender disparities as it does towards gender parity.

The outstanding issue, or at least the one that Republicans have politicized the most, seems to be whether or not General Kagan would recuse herself from any challenges to the administration’s health care overhaul.  Republicans tried, and failed, to get assurances from Kagan that she would step aside should those cases come before the court, responding only that she would recuse herself from those cases that she worked on during her time at the Justice Department.  Kagan’s response was a reasonable given that is the ethical standard governing most recusals.  But expect Republicans to make more noise on this issue given that lawyers for 20 states have sued over the law, challenging Congressional authority to require Americans have health insurance or to require states to subsidize more low-income residents, and there’s a good chance that at least one of those cases lands before the Supreme Court in the years to come.

photo courtesy of Harvard Law Record via Flickr


Walter G.
Walter G7 years ago

Too bad Elena will be part of a government organization so screwed up it reverses its own decisions if the political will forces it to.

roberto c.
robert m7 years ago

CONFIRM Kagan she will do a very good job in the supreme court....

Rosemary Concato
Rosemary Concato7 years ago

You can only control your own life Tom ,stop spinning to others drums.

Politics is well the origin of the conman...different names under different cultures and in different times.

The more things change the more they remain the same.

I suggest you go out and be the change you wish to see in the world.

Lynn Marie Macy
Lynn Marie M7 years ago

Congratulations to her. I hope she will do some good.

Beverly C.
Beverly C7 years ago

I believe that Ms. Kagen will be a great asset to the Supreme Court.

Tom W.
Tom W7 years ago

It's because she's a wo man that y'all for the nomination.
Irrespective of her anti-people support of that evil monster Monsanto.
Yes, just how much bribe money did Monsanto give her as they give to all members of the FDA and others for support of their Frankenfoods.
Inspect her bank accounts and oil shares.
I wonder if you'd all vote if Kagan was a female tortoise.

Marilyn L.
Marilyn L7 years ago

This was good news.

John H.
John H7 years ago

Another reasonable voice who will stand by the principle of law. I for one applaud the nomination.

Sherylee Harper
Sherylee H7 years ago

YAHOO, you go girl! Kagan to the top!

Mary Hunt
Mary Hunt7 years ago

I don't know what kind of justice Kagan will eventually be, but she is unlikely to be as bad as Roberts, Scalia, Thomas, et al. So, I concur with the vote.