‘It’s clear that Elena Kagan will rubber-stamp President Obama’s massive expansions in federal power and entrench the Left’s agenda on issues like same-sex marriage, so it’s no surprise that Democrats on the committee have rubber-stamped her nomination.’
The Senate Judiciary Committee today favorably voted out of committee Elena Kagan – President Obama’s nominee for associate justice for the U.S. Supreme Court.
The 13-6 vote fell along party lines, except for Sen. Lindsey Graham, R-S.C., who sided with the Democrat majority.
Graham – who is not up for re-election until 2015 – justified his vote by essentially saying elections have consequences.
“President Obama won,” he said. “I’ve got a lot of opportunity to disagree with him, but the Constitution in my view puts a requirement on me as a senator to not replace my judgment for his — not to think of the 100 reasons I would pick somebody differently or pick a fight with Ms. Kagan.”
He was also the lone Republican to vote in favor of now-Associate Justice Sonia Sotomayor.
Kagan’s nomination now goes to the full Senate. To date, 41 senators have declared how they plan to vote – 25 Democrats will vote in favor and 16 Republicans will oppose her nomination.
As is customary, senators are allowed the opportunity to state for the record the reasoning behind their decision before a formal committee vote is taken. Several Democrat committee members departed from protocol and chose to strike out against Chief Justice John Roberts –degrading him as a “judicial activist.”
Alabama Sen. Jeff Sessions, the ranking Republican on the committee pushed back against the Democrats’ potshots by bringing into focus Obama’s nomination track record.
“He looks for judges who will allow their vision for what American should be to influence how they make decisions about the law and the facts of the case before them,” said Sessions. “To me, that’s not law, not in the American tradition of law. That’s politics.”
The Roberts court, many would argue, has proven to be more centrist and the chief justice’s leadership style pragmatic. Cases are routinely – and narrowly – decided depending on the subject.
The Wall Street Journal recounts that, “In the 2006 term, some 70 percent of the Court’s cases were decided unanimously, and this term saw 56 percent of the cases decided either unanimously or by an 8-1 margin.”
Ed Whelan, constitutional attorney and president of the Ethics and Public Policy Center said Senate Democrats are masterful at the art of distraction.
“It’s clear that Elena Kagan will rubber-stamp President Obama’s massive expansions in federal power and entrench the Left’s agenda on issues like same-sex marriage, so it’s no surprise that Democrats on the committee have rubber-stamped her nomination,” said Whelan.
“American citizens deserve justices who will enforce the rights and limits on governmental power that are in the Constitution and who won’t invent rights that aren’t in the Constitution. American citizens deserve better than Elena Kagan.”
TAKE ACTION
Ask your senators to vote “No” on Supreme Court nominee Elena Kagan when her nomination comes to the Senate.
FOR MORE INFORMATION
Do you know how your senators plan to vote on Kagan? C-SPAN provides a list of committed votes thus far.
Watch today’s Senate Judiciary Committee meeting
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