Judiciary expected to approve Kagan for Supreme Court

The Senate Judiciary Committee is expected to approve Elena Kagan’s confirmation to the Supreme Court on Tuesday over minimal Republican support.
The only intrigue surrounding the vote is whether Sen. Lindsey GrahamLindsey Olin GrahamSenate Judiciary Committee requests consultation with admin on refugee admissions Trump reignites court fight with Ninth Circuit pick Trump judicial picks face rare GOP opposition MORE (R-S.C.) will break ranks with his six fellow Republicans and vote yes along with all 12 Democrats on the panel.

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Republicans predict President Obama’s second nominee to the court will gain only a handful of GOP votes on the floor. She needs only one to secure her confirmation.

From the moment Kagan was nominated, court watchers and scholars have predicted no major roadblocks to her confirmation even as Republicans voiced deep concerns about her lack of judicial experience and record of limiting access for military recruiters while dean of Harvard Law School.

A Gallup poll conducted July 8-11 found that just 44 percent of those polled would like to see Kagan confirmed by the Senate, down from 46 percent of those questioned shortly after President Obama announced her nomination.

That’s the lowest amount of support any successful nominee has had before his or her confirmation vote in recent years, according to Gallup.

Sonia Sotomayor, for example, managed to attract 55 percent of those polled, while Samuel Alito garnered 54 percent and John Roberts won the support of 60 percent. Before President George W. Bush withdrew his choice of Harriet Miers, she had just 42 percent support, while Robert Bork, President Reagan’s pick, attracted 38 percent before the Senate voted down his nomination.

Even though Kagan was given high marks for her knowledge of case law as well as her calm and often humorous responses, the tough Republican opposition to her, led by Sen. Jeff SessionsJefferson (Jeff) Beauregard SessionsTrump reignites court fight with Ninth Circuit pick Democrats press Nadler to hold Lewandowski in contempt Pelosi: Lewandowski should have been held in contempt 'right then and there' MORE (R-Ala.), may have taken a toll.

“People finding out that she’s never been a judge and all the details about her treatment of military recruiters … that probably hurt her,” said Russell Wheeling, a visiting fellow at the Brookings Institution who studies the selection of U.S. judges and how courts function.

In a tough election year when the Tea Party’s influence has already contributed to the defeat of veteran Sen. Bob Bennett (R-Utah) in a primary, the strong GOP opposition to Kagan comes as no surprise. Sotomayor was confirmed on a 68-31 margin last year, with nine Republicans voting in favor of her: Lamar AlexanderAndrew (Lamar) Lamar AlexanderDemocrats hit Scalia over LGBTQ rights Here are the lawmakers who aren't seeking reelection in 2020 EXCLUSIVE: Swing-state voters oppose 'surprise' medical bill legislation, Trump pollster warns MORE (Tenn.), Kit Bond (Mo.), Susan CollinsSusan Margaret CollinsTrump judicial picks face rare GOP opposition GOP signals unease with Barr's gun plan Sinema touts bipartisan record as Arizona Democrats plan censure vote MORE (Maine), Lindsey Graham (S.C.), Judd Gregg (N.H.), Richard Lugar (Ind.), Mel Martinez (Fla.), Olympia Snowe (Maine) and George Voinovich (Ohio).

Seven Republicans voted in favor of Kagan’s confirmation as solicitor general last year: Tom CoburnThomas (Tom) Allen CoburnThe Hill's Morning Report — Presented by PhRMA — Worries grow about political violence as midterms approach President Trump’s war on federal waste American patients face too many hurdles in regard to health-care access MORE (Okla.), Collins, Gregg, Orrin HatchOrrin Grant HatchTrump to award racing legend Roger Penske with Presidential Medal of Freedom Trump awards Presidential Medal of Freedom to economist, former Reagan adviser Arthur Laffer Second ex-Senate staffer charged in aiding doxxing of GOP senators MORE (Utah), Jon Kyl (Ariz.), Lugar and Snowe. (Graham missed the Kagan vote.)

Of those seven, Coburn and Hatch already have announced that they will vote no, and Coburn predicted Kagan would receive only two or three GOP votes.