Josh Gerstein at Politico:
Elena Kagan’s Supreme Court nomination cleared the Senate Judiciary Committee on a 13-6 vote Tuesday, with only Sen. Lindsey Graham (R-S.C.) crossing party lines to vote in favor of the nominee.
Before the vote, however, Republicans and a few Democrats criticized Kagan for a lack of candor during her confirmation hearings earlier this month — despite a 1995 article she wrote calling the process vacuous. But Graham said his support for Kagan is a byproduct of his view that “the last election had consequences” and that senators ought to defer to President Barack Obama’s prerogative to pick judges in most circumstances.
“There’s plenty of reasons for conservatives to vote no, plenty of good reasons, but I also think there’s a good reason for conservatives to vote yes, and that’s provided in the Constitution,” Graham said of Kagan’s nomination. “I understood we lost; President Obama won. And I’ve got a lot of opportunity to disagree with him. But the Constitution, in my view, puts a responsibility on me, a senator, not to replace my judgment for his.”
Obama, in a written statement, applauded the committee’s “bipartisan affirmation” of Kagan, his solicitor general. He called her “one of this country’s leading legal minds” who would be “a fair and impartial Supreme Court justice” who understands that the law affects everyone.
Chris Cillizza at WaPo:
South Carolina Sen. Lindsey Graham‘s (R) announcement that he will vote in favor of Elena Kagan‘s nomination to the Supreme Court is likely to further incite conservatives already unhappy with him and, according to close observers of the state’s politics, ensures he will face a serious primary challenge in 2014.
“I think there’s a good reason for a conservative to vote yes,” Graham said this morning.
Graham’s apostasy on Kagan comes after other high profile breaks with conservatives in his state (and nationally) over climate change and immigration reform and will likely make him a central target of those tea party Republicans who helped oust Utah Sen. Bob Bennett in his bid for renomination earlier this year.
“It’s no longer a question of ‘if’ but ‘who’ and ‘how many’,” said one South Carolina Republican operative about a Graham primary challenge. The source added that Graham’s approach on high profile issues of late is “putting Lindsey’s friends and supporters in a really tough place.”
There wasn’t any doubt that the Senate Judiciary Committee would approve Solicitor General Elena Kagan’s nomination to the Supreme Court today. There was interest, however, in how the vote would go.
The committee endorsed Kagan on a 13-to-6 vote, with every Democrat supporting the nominee. The surprise came when Sen. Lindsey Graham (R-S.C.), joined with the majority.
The South Carolina conservative delivered a fairly lengthy speech on the nomination, and conceded he could think of “100 reasons” to oppose Kagan. But he would back her anyway, because of her qualifications and character. “At the end of the day, after the hearing, it was not a hard decision for me to make,” Graham explained.
As for what’s next for Kagan, her nomination now heads to the Senate floor, where final confirmation is expected before members break for their summer recess.
Paul Mirengoff at Powerline:
Obama got to the heart of the matter when he added that Kagan’s work as a Justice would reflect that she “understands how decisions made by the Court affect the lives of everyday Americans.” This is Obama’s way of saying that Kagan’s decisions will be just as expansively leftist as Obama’s vision of what’s good for “everyday Americans.”
I’m pretty sure Obama is right. And, given Kagan’s sense of humor, that seems to be just fine with Lindsey Graham, who once again earned his title, “the Arlen Specter of the South.”
Graham is up for re-election in 2014. By then Elena Kagan (and for that matter Sonia Sotomayor) will have a substantial record through which South Carolina Republicans can assess the judgment of their senior Senator, assuming he runs for re-election. In the meantime, let’s hope that Kagan includes some good one-liners in her left-wing opinions.
But perhaps Graham is right in predicting that this whole Tea Party thing will blow over. Perhaps in 2014 South Carolina will return Graham to Washington because he too is funny and the Washington Post likes him.
WaPo’s already gaming out how many primary challengers Graham will face in 2014; among the possibilities is … Mark Sanford. A quote from one of Graham’s consultants: “He’s a thinking person’s conservative. I expect him to do well among voters with IQ’s in triple digits.” Thinking strategically, his vote here is potentially useful to Republicans down the line if/when another vacancy opens on the Court and The One decides to go for broke by appointing a lefty bomb-thrower. Because Graham’s now positioned himself as the principled moderate, willing to vote for both Kagan and Sotomayor in the name of deference to the president, a no vote on some future nominee would be a devastating judgment that he/she really is way out of the mainstream. Kagan’s not going to be filibustered — but the next one might be, especially if Grahamnesty signals to other moderates that it’s okay to do so by opposing him/her, so maybe he’s just keeping his powder dry. And, er, maybe Dick Durbin’s really had a change of heart. Exit question via Pat Leahy: Why does the GOP hate women?
Michael O’Brien at The Hill:
Senate Majority Leader Harry Reid (D-Nev.) said Tuesday that he planned a vote on Elena Kagan’s appointment to the Supreme Court before the August recess.
Reid said he planned to bring Kagan’s nomination up for a vote “before we leave for August recess.”
Joe Gandelman at Moderate Voice:
It was originally said by pundits that Kagan would sail through in what they predicted would be yawningly boring hearings with little opposition even from GOPers. Although hearings were relatively low-key, they weren’t boring.
And political skirmishes in the 21st century aren’t political skirmishes without the entry of over the top talk show political culture rhetoric.
In Kagan’s case, it recently came in the assertion of commentor Eric Ericson’s assertion that “Senators would be committing a high act of confirmation treason if they allow this nominee to go on the court without attempting to filibuster her nomination.”
As melodramatic and demonizing as some Supreme Court nominations have been in recent decades, no credible partisan has suggested that not filbustering a nominee named by another party would be an act of treason, no matter how it is argued or described. So now votes come down to treason (not just being RINOs or DINOs) for those who might dare not listen to talk show hosts and commentors?
But, then again, this is 2010 where the gut and the desire for readership or audience often trump the apparently atrophying logical part of the brain.