Just moments ago, I watched the Senate finish voting to confirm Solicitor General Elena Kagan by a vote of 63-37. You’ll note that I made a silly bet with Lady Blaga that the vote would be 60-40. So, I’m paying the lady her Hamilton. Sen. Ben Nelson was the only Democrat to vote nay, while Republican Senators Lindsay Graham, Susan Collins, Olympia Snow, Judd Gregg and Richard Lugar voted yea. Scott Brown, as I expected, voted nay and released a statement to that effect, citing her lack of judicial experience. That said, Ben Nelson is the first...
Continue reading...Elena Kagan
I win!
Ok, I slightly overestimated the vote count, but as of a few minutes ago, Elena Kagan has been confirmed to the United States Supreme Court in a vote of 63-37. Ben Nelson was the only Dem to vote no, while 5 Republicans voted yes: Susan Collins, Lindsey Graham, Richard Lugar, Olympia Snowe, and Judd Gregg. Congratulations to now-Justice Kagan! Hurray for 3 women on the Court for the first time ever. And yay to me for decisively proving how much smarter I am than Poplicola (ha). I look forward to collecting on my substantial winnings.
Continue reading...In defense of an admittedly terrible argument
As you probably already heard from this post, Lady Blaga and I have a little wager going on concerning how many votes Elena Kagan’s nomination manages to wrangle in the Senate. Based on some pretty terrible and Friday-night-related maths, I predicted she’d be confirmed, and that it would be by the slimmest of margins: 60 votes. No more, no less. Of course, I didn’t quite expect Lindsey Graham to pull a…Lindsey Graham and not be a hypocrite. So, I’m changing my prediction to 63-64 (Lady Blaga predicts 65), but I do hold to my word and will...
Continue reading...Lindsey Graham's Mavericky Vote for Kagan
Today the Senate Judiciary Committee voted on Elena Kagan’s nomination, approving it in a 13-6 vote. Predictably, the vote went along party lines, with one notable exception. Republican Senator Lindsey Graham not only voted for Kagan, he explained at length why he did so, espousing his view of how the confirmation process ought to work: No one spent more time trying to beat President Obama than I did…But 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 requirement on me...
Continue reading...Lead-up to Kagan's Confirmation Vote
Within the next few weeks, if things go as scheduled, Elena Kagan’s SC nomination will be up for a vote in the full Senate. Who cares, right? Her whole confirmation process has been a snoozefest, and it’s basically a given that she’ll be confirmed. So how to make it more interesting? Put money on it, clearly. Poplicola and I were chatting the other day, and he opined quite forcefully that while Kagan will indeed be confirmed, it will be with exactly 60 votes, predicting all the Dems and only a single Republican will vote for her. I...
Continue reading...Justice Ginsburg on Roe and more
I would have loved to have heard Justice Ruth Bader Ginsburg in person when she spoke recently at the Aspen Ideas Festival, but I’ll have to content myself with reading excerpts from the conversation she had with Jeffrey Rosen. Justice Ginsburg, who was introduced by former Justice Sandra Day O’Connor, described herself as a “flaming feminist” and talked eloquently about the economic realities of abortion rights, among other subjects. (Quotes courtesy of these two articles on the event) ~On her husband Marty, who recently passed away after 56 years of marriage: He “was the first boy I...
Continue reading...Kagan Changes Her Mind on Hearings
Back when Elena Kagan was first nominated for the Supreme Court, I mentioned her 1995 critique of confirmation hearings– she said they had become “a vapid and hollow charade, in which repetition of platitudes has replaced discussion of viewpoints and personal anecdotes have supplanted legal analysis.” I was optimistic that Kagan would adhere to that viewpoint and approach her own hearing with more candor, but it doesn’t appear that that will be the case. In fact, during Kagan’s confirmation for Solicitor General last year, she took a step towards disavowing her earlier analysis: “I am . ....
Continue reading...First Thoughts on the Kagan Nom
I’m alarmed by the precedent that a Democratic nominee for Supreme Court cannot have a record on abortion. Elena Kagan doesn’t have a record on much in the way of any controversial issues, but neither she nor Justice Sotomayor had any obvious pro-choice skeletons in the closet. which is disturbing because — “skeletons in the closet”?? Abortion is still a legal medical procedure. The fact that Diane Wood voted consistently to uphold this constitutionally protected right should never have disqualified her, and yet it seems pretty clear that that’s what made her unpalatable. Plus, the nomination confirms...
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