Judiciary panel to vote July 20 on Kagan's nomination

The Senate Judiciary Committee will vote July 20 on Elena Kagan's nomination to the U.S. Supreme Court, in time for her to be confirmed by early August about two months before the beginning of the next court term.

"I would hope to complete it and vote" next week, Senator Patrick Leahy of Vermont, the panel’s Democratic chairman, said today in Washington. "I think everybody's made up their mind" on how to vote.

Senator Jeff Sessions of Alabama, the panel's top Republican, requested a week's delay in the vote. He said today he has a number of concerns about placing Kagan on the court, including her lack of judicial experience and "less than candid" responses to lawmakers' questions on issues like abortion and gun rights.

"There are concerns about the nomination in a host of areas," Sessions said.

Kagan, 50, was nominated by President Barack Obama on May 10 to replace Justice John Paul Stevens, who retired from the nine-member court. She is the U.S. solicitor general, the government's top lawyer before the Supreme Court. Kagan formerly was dean of Harvard Law School and worked for four years in President Bill Clinton’s White House as a lawyer and policy adviser.

The Senate Judiciary Committee, with 12 Democrats and seven Republicans, met today to consider Kagan's confirmation, although the vote had been expected to be delayed.

Confirmation Vote

Democratic leaders plan to schedule a confirmation vote in the full Senate before lawmakers' month-long August recess. The court will begin its new term Oct. 4.

Democrats control 58 of the Senate’s 100 seats, practically ensuring Kagan's confirmation. A handful of top Republicans, including Senate Minority Leader Mitch McConnell of Kentucky, have announced their opposition.

One Republican on the committee, Senator Lindsey Graham of South Carolina, hinted he may vote in her favor.

"I think she did very well at the hearings," Graham told reporters late yesterday, saying people should "stay tuned." Graham is the only Republican on the committee who voted last year in favor of Justice Sonia Sotomayor, Obama's first high court nominee.

Leahy said Kagan was forthright in responses to questions at the hearings and demonstrated an even-handed approach that will serve her well. Her elevation would give the court three women at once for the first time in U.S. history, he noted.

'Dignity and Honor'

"I will cast my vote in support of Solicitor General Kagan's nomination," Leahy said. "I believe she will ably fill the seat occupied for decades by Justice Stevens with dignity and honor."

Opponents of the Kagan nomination today called on her to disqualify herself from considering a challenge by states to the recently enacted health-care overhaul.

In a letter to lawmakers, Gary Marx and Carrie Severino of the Judicial Crisis Network said it was "exceedingly likely" that Kagan took part in Justice Department discussions about the litigation. The Wall Street Journal editorial page also called on Kagan to say she will step aside.

(Published by Bloomberg – July 13, 2010)