Sessions continues to leave open possibility of Kagan filibuster

The ranking member of the Senate Judiciary Committee on Thursday would not take the threat of a filibuster off the table for Supreme Court nominee Elena Kagan. 

Sen. Jeff Sessions (R-Ala.) repeatedly said before Kagan's confirmation hearings began that he would leave open the possibility of a filibuster. He repeated that stance Thursday in the midst of the hearings, which are on break.

"The filibuster is not off the table," he told the conservative Human Events magazine, cautioning "it's not something that we do routinely for a nomination to a federal court."

Senators on the Judiciary Committee are expected to vote on Kagan's confirmation next week after Republicans forced a one-week delay in protest of her stance on military recruiters on campus. 

Though Sessions has criticized Kagan's liberalism and questioned whether she would bring it to the bench, he said he is still officially undecided on her nomination. He voted against her for solicitor general last year. 

The Alabama senator said that it would be up to individual senators to decide whether to filibuster Kagan. 

"You don't filibuster except under extraordinary circumstances," he said. "Senators will have to make up their own mind on whether that's the right approach."

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