One Senate Democrat has taken to the op-ed pages of USA Today to indicate his support for Supreme Court nominee Elena Kagan. But that endorsement is far from ringing.
“Kagan did little to move the nomination hearings from the stylized ‘farce’ (her own word) they have become into a discussion of substantive issues that reveal something of the nominee’s judicial philosophy and predilections,” wrote Pennsylvania lawmaker Sen. Arlen Specter. Specter, a member of the Senate Judiciary Committee, which will vote on Kagan’s nomination Tuesday, also wrote that Kagan did “little to undo the impression that nominating hearings are little more than a charade in which cautious non-answers take the place of substantive exchanges.”
He said he’d still vote for her, though.
So far no Republican lawmaker has indicated a willingness to vote for Kagan, while 12 have stated their intention to vote against her. She’s still expected to win confirmation handily.
In other news:
Not Kennedy’s Court: Linda Greenhouse’s reaction to news that Justice Anthony Kennedy will not retire anytime soon: Duh! But something else surprised her: “A plausible case can be made that it is no longer the ‘Kennedy court.'” (New York Times’s Opinionator blog)
Preemptive strike: Could the addition of Kagan to the court spell two big losses for plaintiffs in preemption cases? (Lawyers USA)
Gay marriage ruling upheld: In a split vote, an appellate court in the District of Columbia upheld a ruling by District officials rejecting a ballot referendum on gay marriage. (Lawyers USA)