Kagan wins Judiciary confirmation in mostly partisan vote, 13 to 6

Kagan wins Judiciary confirmation in mostly partisan vote, 13 to 6

The Senate Judiciary Committee has voted to confirm Elena Kagan’s nomination to the Supreme Court on a mainly partisan vote of 13 to 6.

All the Democrats on the committee voted in favor of Kagan, while all but one Republican, Sen. Lindsey GrahamLindsey Olin GrahamGraham backs Trump, vows no money for WHO in next funding bill UN biodiversity chief calls for international ban of 'wet markets' Graham asks colleagues to support call for China to close wet markets MORE (R-S.C.), voted against her. Graham, who was one of just nine Republicans who voted in favor of Sonia Sotomayor’s confirmation last year, joined Democrats in voting in favor of Kagan.

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“No one spent more time trying to beat President Obama perhaps other than Senator McCain,” Graham said. “I understood that we lost, Sen. Obama won, and … the Constitution requires me as a senator not to replace my judgment for his … or pick a fight with Ms. Kagan.”

Graham also praised Kagan’s performance during the hearing and predicted she would serve “honorably” even though he disagrees with her “liberal” views and would not have chosen her himself.

The full Senate is expected to approve Kagan’s nomination with just a handful of centrist GOP votes, most likely later this month.

Judiciary Committee Chairman Patrick LeahyPatrick Joseph LeahyGraham backs Trump, vows no money for WHO in next funding bill Justice IG pours fuel on looming fight over FISA court Democratic senators ask Pompeo to provide coronavirus aid to Palestinian territories MORE (D-Vt.) praised Kagan’s experience and performance during the confirmation hearings.

“She is a highly experienced person … she has been the dean of the most prestigious law school in this country and has been Solicitor General, and I note that she has the highest possible rating in the American Bar Association committee on the federal judiciary,” Leahy said.

Sen. Jeff SessionsJefferson (Jeff) Beauregard SessionsThe Hill's Morning Report - Presented by Facebook - Guidance on masks is coming The Hill's Campaign Report: Coronavirus forces Democrats to postpone convention Roy Moore to advise Louisiana pastor arrested for allegedly defying ban on large gatherings MORE (R-Ala.), the ranking member of the panel, cited her lack of judicial experience and record on limiting military recruiters’ access to Harvard Law School while dean, as well as her tenure as a legal adviser at the Clinton White House.

“Her lack of robust legal experience … compared to other Supreme Court nominees who spent years trying cases, taking depositions — the kind of day-in and day-out experience that forces critical thought … Kagan does not have that kind of experience. She just does not. Most of her
experience is political experience.”

Senate Judiciary Republicans who backed Kagan for solicitor general in 2009 but voted against her on Tuesday include Sens. Tom CoburnThomas (Tom) Allen CoburnThe Hill's Campaign Report: Trump, Biden spar over coronavirus response Senator Tom Coburn's government oversight legacy Remembering Tom Coburn's quiet persistence MORE (Okla.), Orrin HatchOrrin Grant HatchBottom line Bottom line Trump administration backs Oracle in Supreme Court battle against Google MORE (Utah) and Jon Kyl (Ariz.).