ELENA KAGAN CONFIRMED TO THE U.S. SUPREME COURT.... The Senate this afternoon confirmed Elena Kagan

[Cha]

"The Senate this afternoon confirmed Elena Kagan's Supreme Court nomination, and she will join the high court this fall as the institution's 112th justice.

The Senate today confirmed Elena Kagan to the U.S. Supreme Court, making her the fourth woman ever to serve as a justice.

The vote, which was likely senators' last order of business before a month-long recess, divided largely along party lines with 63 senators endorsing President Obama's second court pick and 37 opposed.

Kagan's ascension to the bench is expected to preserve the court's ideological balance following liberal Justice John Paul Stevens' retirement. It also marks the first time three female justices will sit on the high court at the same time.

One Democrat, Nebraska's Ben Nelson, broke ranks and voted with the minority, while five Republicans -- Collins, Graham, Gregg, Lugar, and Snowe -- voted in support of confirmation.

The vote comes nearly one year to the day after the Senate voted 68 to 31 to confirm Sonia Sotomayor, and in that vote, 9 of the Senate's 41 Republicans backed the president's nominee.

By modern standards, Justice Kagan's 63 confirmation votes isn't exactly an overwhelming display of support. Of the Supreme Court's nine current justices, 63 ranks fairly low -- Stevens (98), Kennedy (97), Scalia (98), Ginsburg (96), Breyer (87), Roberts (78), Sotomayor (68) had more, while only Thomas (52) and Alito (58) had fewer.

As for the politics, I'm reminded of something Sen. John McCain (R-Ariz.) said two years ago about the Senate and high court nominees: "When President Bill Clinton nominated Stephen Breyer and Ruth Bader Ginsberg to serve on the high court, I voted for their confirmation, as did all but a few of my fellow Republicans. Why? For the simple reason that the nominees were qualified, and it would have been petty, and partisan, and disingenuous to insist otherwise. Those nominees represented the considered judgment of the president of the United States. And under our Constitution, it is the president's call to make."

In the last 12 months, McCain voted against Sotomayor and Kagan.

—Steve Benen 4:10 PM Permalink | Trackbacks | Comments (12)
http://www.washingtonmonthly.com/archives/individual/2010_08/025069.php#1809381

Consider the source of those who didn't support her..it's a badge of honor.

[quiet.american]

1. Did you see McCain immediately after this vote going on a tirade about - I don't know what.

The guy looked like a hyperventilating squirrel. For about 15 minutes, Carl Levin was batting back the crazy from McCain, and I've never seen Levin so animated. I thought he was going to go all Anthony Weiner on McCain.

The minute the Kagan vote concluded, McCain started in with some beef about something that apparently happened last year. It was so petty - McCain simply came across like someone who was trying to pee in the punchbowl. The punchbowl being the confirmation of Elena Kagan to the Supreme Court.

[Cha]

2. No happily I missed that..but

thanks for getting the idiocy out there on the person who could have been the president except for millions of people like us. :patriot::patriot:

He's such a bitter ol' washed up caricature fueled by hate.

[POAS]

8. "pee in the punch bowl"?

You talkin' 'bout Palin?

[firedupdem]

3. Ben Nelson....he makes my blood boil. n/t

[quiet.american]

4. I second that emotion.

When I think of the phrase, "smug, back-stabbing bastard," an image of Ben Nelson comes to mind.

[Princess Turandot]

5. I still wonder what the President was thinking when he nominated her..

I mean, good God man, she's a METS fan. :D Given that AJ Sotomayor is now the country's most prominent Yankee fan, disaster may ensue. (After their photo op with the POTUS earlier this season, the Yankees actually took the 2009 World Series trophy to the Supreme Court, so Justice Sotomayor could have a private viewing!) Thank heavens inter-league play (when the Mets and Yankees meet during the regular season) is over.

Kagan went to the same NYC high school that I did, something I feel almost irrationally pleased with. If anyone could drive Clarence Thomas up and over the wall, it will be a Hunter girl!

As an aside, those vote stats seem to mirror the disintegration of the political process into partisanship.

[Cha]

6. Thanks for the lightheartedness!~

:D

[POAS]

7. I demand that this

NY bias come to an end. The next appointee must be either a Red Sox or an Indians fan, two groups that have suffered mightily at the hands of the NY elitists for decades. We demand balance (and an end to the DH rule, but that is another story).

[treestar]

9. One third female!

So cool, can't wait to see their new photo all together!

[quiet.american]

10. Video of WH Reception held in Kagan's honor to celebrate her confirmation:

http://www.whitehouse.gov/blog/2010/08/06/honoring-elena-">Honoring Elena Kagan

http://www.whitehouse.gov/blog/2010/08/06/honoring-elena-">

[Cha]

12. Thank you, q.a..I definetly want

see that vid!~

[Number23]

11. Between his Supreme Court noms and his Surgeon General nom

Obama seems to have pretty fantastic taste in the ladies. :)

[Cha]

13. President Obama has amazing taste and

understanding of the female persuasion. :)