Senate Starts Debate Over Kagan Confirmation

The Senate began the debate over Supreme Court nominee Elena Kagan’s confirmation Tuesday.

While Kagan will almost surely be approved by the upper-chamber, she has faced some heated last minute opposition. Sen. Ben Nelson (D-Neb.) announced last week that he will go against his party by voting against the current Solicitor General and on Monday Sen. Jeff Sessions (R-Ala.), the top Republican on the Senate Judiciary Committee, sent a letter to each of his colleagues outlining the case against her confirmation.

“Ms. Kagan’s lack of legal experience should be of significant concern to any Senator. She has less real legal experience than any Supreme Court nominee in 50 years,” Sessions wrote.

The Alabama Republican also cited Kagan’s positions on Don’t Ask, Don’t Tell and reproductive issues as evidence that Kagan is a “legal progressive.”

Several Republicans have announced that they will cross the aisle to support Kagan, including Olympia Snowe (R-Me.), Susan Collins (R-Me.), Judd Gregg (R-N.H.), Lindsey Graham (R-S.C.) and Richard Lugar (R-Ind.).

A vote is expected by the end of the week, before the Senate leaves for the August recess.

Kagan One Step Closer

Solicitor General Elena Kagan has the Supreme Court in her sights after the Senate Judiciary Committee voted 13-6 to forward her nomination to the full Senate.

The committee voted largely along party lines, however, one rogue Republican broke the trend and voted in support of Kagan’s nomination, Sen. Lindsey Graham (S.C.).

Graham said that although Kagan would not have been his first choice, President Barack Obama “chose wisely.”

President Obama applauded the committee for endorsing his nomination and credited it for giving Kagan time to make her case. Sen. Jeff Sessions (R-Ala.) said after Tuesday’s vote that Senate Judiciary Committee Chairman Sen. Patrick Leahy (D-Vt.) was “fair” in giving Republican  members extra time to question the president’s nominee.

Kagan is expected to be confirmed by the full Senate and a vote should come before the August recess so she can be seated as Supreme Court Justice before the court’s next session beginning in October.

Republicans Postpone Sotomayor Vote

By Matthew S. Schwartz
Legal Affairs Correspondent - Talk Radio News Service

The confirmation of Supreme Court nominee Sonia Sotomayor may be a sure thing, but Republicans on the Senate Judiciary Committee have requested a one-week delay in the committee vote.

Chairman Sen. Patrick Leahy (D-Vt.) said he was "disappointed" by the delay, but "they have a right to put it over." Republicans informed him over the weekend of their intent to delay the vote to next Tuesday. If the committee approves her, the vote will go to the full Senate floor.

Leahy stressed the importance of confirming Sotomayor quickly, as the Supreme Court reconvenes early next term to hear a case on the constitutionality of the McCain-Feingold campaign finance bill. "I hope that once she is passed out of this committee, there will be no delay on the floor, because she will have a very, very few weeks after she is confirmed to move to Washington" and prepare for the case, he said. "Delay would not help either her or the Supreme Court."

Sen. Jeff Sessions (R-Al.) said that even with the delay, "Confirmation, if it occurs, will occur sooner than even John Roberts." Chief Justice Roberts began his Judiciary Committee hearings on Sept. 12, 2005, and was confirmed by the full Senate on Sept. 29.

Just 10 members of the 19-member Judiciary Committee showed up Tuesday, the minimum needed for committee business to take place.

Leahy told reporters he doesn't know how long the floor debate will last, but it should be quick because senators should all know how they plan to vote by the time the official debate starts.

Republicans Shoot Down Sotomayor’s Second Amendment Interpretation

By Courtney Ann Jackson-Talk Radio News Service

Republican Senators are objecting to Supreme Court nominee Sonia Sotomayor's interpretation of the Second Amendment.

“In her decision making process in cases that she decided, Judge Sotomayor, earlier this year, rendered an opinion that held that the Second Amendment is not a fundamental right,” said Senator Jeff Sessions (R-Ala.), referencing a ruling Sotomayor issued as a 2nd Circuit judge for the city of New York last year. The Supreme Court nominee determined that the Second Amendment did not apply to city and states, but only the federal government.

Sen. Jim DeMint argued during a press conference with fellow Senators Orrin Hatch (R-Utah), John Cornyn (R-Texas) and Jeff Sessions (R-Ala.) Wednesday that if the Second Amendment does not apply to every American, then the Constitution no longer has any bearing on controlling the role of the federal government.

“It’s a very important question that goes... beyond the question of bearing arms but whether or not we are still a Constitutional Republic.”

The Senators reiterated their belief that the right for the people to keep and bear arms applies to all Americans and stated that they plan to ask Sotomayor questions about her interpretation of the Second Amendment during her confirmation hearings in July.