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Politics : American Presidential Politics and foreign affairs -- Ignore unavailable to you. Want to Upgrade?


To: RMF who wrote (43820)8/4/2010 9:13:40 AM
From: Peter Dierks  Respond to of 71588
 
Lawmakers Take Aim at Kagan as Debate Begins
AUGUST 3, 2010, 11:39 A.M. ET.

By SHAYNDI RAICE And COREY BOLES
WASHINGTON—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.

But the majority of Republicans are expected to oppose her, citing what they describe as her lack of qualifications and other reasons.

Criticism of Ms. Kagan has centered around her policy work in the Clinton White House and her decision to limit military recruiters' access to Harvard Law School students because of the military's "don't ask, don't tell" policy on gays.

Sen. Jeff Sessions (R., Ala.) said Tuesday on the Senate floor that she lacks "real world" experience and would be tempted to engage in "political spin" from the high court.

"Her testimony [before the Senate Judiciary Committee] lacked clarity, accuracy and the kind of intellectual honesty you would look for from someone who sits on such a high court," Mr. Sessions said.

Senate Judiciary Committee Chairman Patrick Leahy (D., Vt.) who lost his seat on the Intelligence Committee over leaks of top secret information defended the nominee, saying she had "reflected an understanding of the judicial role and a traditional view of deference to Congress and judicial precedent."

"She indicated that she will not be the kind of justice who would substitute her personal preferences and overrule congressional efforts designed to protect hardworking Americans pursuant to our constitutional role," said Mr. Leahy.

Virtually every Democratic senator is expected to support Ms. Kagan, with the exception of embattled Sen. Ben Nelson (D., Neb.), who said last week he would oppose her. Republicans said Ms. Kagan would be the first nominee put forward by a Democratic president to face opposition from a Democratic senator since 1968.

Mr. Nelson said Ms. Kagan's lack of a judicial record made it impossible for him to support her.

On the other side of the aisle, liberal Maine Republicans Susan Collins and Olympia Snowe were joined by Lindsey Graham of South Carolina, Judd Gregg of New Hampshire and Richard Lugar of Indiana in saying they would support Ms. Kagan.

In May, President Barack Obama nominated Ms. Kagan to succeed John Paul Stevens as an associate justice. Justice Stevens, 90 years old, is retiring after more than three decades on the Supreme Court.

Her likely confirmation isn't expected to change the current conservative majority on the court, as Justice Stevens was seen as the leader of the liberal justices.

Write to Corey Boles at corey.boles@dowjones.com

online.wsj.com