Alabama Senator Jeff Sessions has announced that the Judiciary Committee will likely vote Tuesday on whether to forward Supreme Court Nominee Elena Kagan to the full Senate.
Though he has not revealed how he will vote, Sessions told Human Events Conservative Media that he is deeply concerned over Kagan’s worldview and that a filibuster is not ‘off the table.’
Sessions said that Kagan’s record of activism is a significant factor that works against her for confirmation in the high honor of being a fair Supreme Court Justice. Also, unlike Sotomayor, who carries a true resume on the federal bench, Kagan’s lack of bench experience is a second negative factor worth serious consideration,
- “She’s not able to come before the committee and to say I’ve got a record, look at my record and let’s see if you don’t think that’s a professional, judicial record that would be worthy of the Supreme Court. She just doesn’t have that. She spent most her career in academia, in law school, and even there, I think that she didn’t demonstrate so much a mastery of any particular field of law.”
According to Judiciary rules, Kagan will move forward even if all 7 Republicans of the 19 Judiciary Senators vote against her IF at least one Republican votes to allow her out of committee.
Senate Judiciary Rule IV states: “If there is objection to bring the matter to a vote without further debate, a roll call vote of the Committee shall be taken, and debate shall be terminated if the motion to bring the matter to a vote without further debate passes with ten votes in the affirmative, one of which must be cast by the minority.”
Again, Elena Kagan needs just one Republican on the committee in order to move forward to the full Senate. It would be a good idea to call ‘iffy’ Senator Lindsey Graham (202-224-5972) and ask him to vote with his friend McCain against Kagan. Also please call new Senator Scott Brown (MA, 202-224-4543).
Update, July 20: “Just one Republican joined Democrats to approve Kagan’s nomination and send it to the full Senate, where she’s expected to win confirmation within weeks.” Click here for article. Click here for video of lukewarm Republican speaking on Kagan.
Based on her decision as dean of Harvard Law School to bar military recruiters from the campus career services office because of her personal disagreement with the ban on openly gay soldiers, McCain believes Kagan is unlikely to exercise judicial restraint. She, therefore, is not suitable as a candidate for a position where one is bound by honor to not impose personal opinions upon the courts.
- “..she interpreted her duties as dean at Harvard to be consistent with what she wished the law to be, not with the law as written.” (McCain)
- “In 1987, I had my first opportunity to provide ‘advice and consent’ on a Supreme Court nominee. At that time, I stated that the qualifications essential for evaluating a nominee for the bench included ‘integrity, character, legal competence and ability, experience, and philosophy and judicial temperament.’ On that test, Elena Kagan fails.” (McCain)
Democrats may have enough votes to confirm Kagan, but possibly not enough to overcome a filibuster.
The following Republicans voted for Kagan in 2009 in the 61-31 vote to confirm her as Solicitor General. Hopefully, they will not vote for her as Supreme Court Justice: Kyl (AZ, 202-224-4521), Hatch (UT, 202-224-5251), Coburn (OK, 202-224-5754), Lugar (IN, 202-224-4814), Snowe (ME, 202-224-5344), Collins (ME, 202-224-2523), Gregg (NH, 202-224-3324). As it stands now, Senator Kyl (AZ) said a filibuster was “highly unlikely,” while Cornyn (TX) ‘assumed’ she would win confirmation.
Following are names and numbers of other undecided Senate voters:
Ben Nelson, NE 202-224-6551 George Voinovich, OH 202-224-3353
Bill Nelson, FL 202-224-5274
Kay Hagan, NC 202-224-6342
Mark Pryor, AR 202-224-2353 Blanche Lincoln, AR 202-224-4843
Chris Dodd, CT 202-224-2823 Kit Bond, MO 202-224-5721
Barbara Boxer, CA 202-224-3553
K. Gillibrand, NY 202-224-4451 Michael Bennet, CO 202-224-5852
Roland Burris, IL 202-224-2854 Byron Dorgan, ND 202-224-2551
This ‘insight’ from Patty Murray:
- “Solicitor General Elena Kagan has a strong legal background both inside and outside of government and is unquestionably a highly qualified choice for the Supreme Court. ….
- “As Dean of Harvard Law School and Solicitor General of the United States, she has demonstrated a consistent ability to forge consensus and work with people across ideological and party lines. And as the first woman to hold each of these positions, she has served as an example to girls across the country.”
See: “Kagan….pushed sex change operations,” click here. See: “Kagan demanded sex change operations and bathroom access…..,” click here. See: “…..Kagan misled on abortion,” click here. Listen: Michael Savage on Kagan.