Graham joins panel's Dems to approve Kagan

Republican Sen. Lindsey Graham of South Carolina on Tuesday voted in favor of the nomination of Supreme Court nominee Elena Kagan, making him the only GOP member of the Senate Judiciary Committee to back Obama’s pick for the high court.

The panel, made up of 12 Democrats and seven Republicans, approved Kagan’s nomination by a vote of 13-6. Every Democrat on the panel supported her, while every Republican other than Graham opposed her. The nomination will go to a full Senate vote within the next few weeks.

"At the end of the day, after the hearing, it was not a hard decision for me to make," Graham said in announcing his decision. "I thought she did a very good job and she will serve this nation honorably. And it would not have been someone I would have chosen, but the person who did choose, President Obama, I think chose wisely."

Graham repeatedly noted areas of ideological disagreement between himself and the nominee, emphasizing that she is "a liberal."

But, he said Kagan had met the Constitutional requirements to warrant his support. "Is the person qualified? Is it a person of good character? Are they someone that understands the difference between being a judge and a politician?" he said. "Quite frankly, I think she's passed all those tests."

Graham also addressed one of the main GOP arguments against her nomination: Kagan's decision as Harvard Law School dean to prohibit military recruiters from using a campus career center on the basis that the "Don't Ask, Don't Tell" policy barring openly gay men and women from serving in the military violated the school's anti-discrimination rules.

"If I believed that she had animosity in her heart about those who wear the uniform, I could easily vote no," Graham said. "I don't believe that."

He was the only Republican member of the committee to support nominee Sonia Sotomayor in 2009.

Minutes before Graham’s statement of support, his office released a letter from Kagan to the South Carolina lawmaker praising her friend and former law school classmate Miguel Estrada. Estrada’s nomination to the federal bench by President George W. Bush was blocked by Democrats in the Senate in 2003.

The senior Republican on the committee, Sen. Jeff Sessions, R-Ala., formally announced his opposition to Kagan’s nomination in a USA Today op-ed earlier Tuesday.

“Throughout her career, Ms. Kagan has placed her politics above the law," Sessions wrote. “She has never been a judge, never tried a case before a jury and has practiced law for only three years. She is the least experienced nominee in the last half-century.”

*** UPDATE *** President Obama hailed the committee's vote in a written statement:

Elena Kagan is one of this country's leading legal minds, and has shown throughout this process that, if confirmed, she would be a fair and impartial Supreme Court Justice who understands how decisions made by the Court affect the lives of everyday Americans. Today's vote by the Senate Judiciary Committee is a bipartisan affirmation of her strong performance during her confirmation hearings. I want to thank the Judiciary Committee for giving her a thorough, timely and respectful hearing, and I look forward to the full Senate taking up and voting on this nomination before the August recess.

Discuss this post

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Sessions said that he felt "...Ms. Kagan has placed her politics above the law...".

It must be extremely frustrating for someone with the character shown by Ms Kagan to be referred to in that way by someone who's daily business it is to put his personal politics above the law.

It is good to know that at least one republican , Sen Graham, has the decency to do the right thing.

Ms Kagan will be an asset to this court.

  • 4 votes
Reply#30 - Tue Jul 20, 2010 1:04 PM EDT
ltjdangleDeleted

Lindsey Graham is a traitor voting for this left wing "KUMBAYA" judge....Hopefully Hussein is done with this ridiculous appointment and we can hope to get a solid conservative on the bench after we dump The Messiah!!!

    Reply#33 - Tue Jul 20, 2010 1:08 PM EDT

    Your extreme ignorance shows by the use of 'kumbaya' and Hussein when referring to our President. Why not just change your screen name to 'Jim the Racist'.

    • 3 votes
    #33.1 - Tue Jul 20, 2010 1:13 PM EDT

    Why would you call President Obama "The Messiah" if you don't like him? Sounds like an over-the-top compliment to me, but certainly not an insult.

    Just curious.

    • 2 votes
    #33.2 - Tue Jul 20, 2010 1:50 PM EDT

    Actually, most of us just call him the inept liar, in the white house.

      #33.3 - Wed Jul 21, 2010 12:18 PM EDT
      Reply

      “Throughout her career, Ms. Kagan has placed her politics above the law," Sessions wrote. “She has never been a judge, never tried a case before a jury and has practiced law for only three years. She is the least experienced nominee in the last half-century.”

      Does Senator Sessions have a short memory? Harriet Miers was th least qualified. She couldn't even get through the written question phase of the process. Miers met with senators after her nomination was announced, and in those meetings she was ill-prepared and uninformed on the law. Senator Tom Coburn (R-NE) told her privately that she "flunked" and "[was] going to have to say something next time." In mock sessions with lawyers, Miers had difficulty expressing her views and explaining basic constitutional law concepts. Miers had no experience in constitutional law, and did not have extensive litigation experience; at her Texas law firm, she had been more of a manager. Miers had rarely handled appeals and did not understand the complicated constitutional concepts senators asked of her.

      • 4 votes
      Reply#34 - Tue Jul 20, 2010 1:08 PM EDT

      Why not just get it over with Republocrats and confirm Kagan today.

      Why do we even vote for republicans anymore? Traitors.

      They just cave-in when it counts and talk tough after the elections.

      We true conservatives will remember in November.

      • 1 vote
      Reply#35 - Tue Jul 20, 2010 1:13 PM EDT

      The "True Conservatives" have done nothing but lose primary elections.

        #35.1 - Tue Jul 20, 2010 1:19 PM EDT

        Sorry... Toasty... A conservative (Trey Gowdy) trounced Bob Inglis here in SC. Don't be suprised if Gowdy is the person who bounces Graham in the primary in 2014. That assumes Graham runs or doesnt take some Administration position after the 2012 election. He's never going hold another seat representing South Carolina after this and the Sotomayor vote. He's chosen to put himself into the "ruling class", and will pay the price.

          #35.2 - Wed Jul 21, 2010 1:16 PM EDT
          Reply

          Really amusing the number of dim witted posters who parrot Olbermann. If you count the # of times they spew out 'party of no', or try to portray Rush as some sort of leader,it's actually funny.

          Until you realize these fools can vote.

          • 1 vote
          Reply#36 - Tue Jul 20, 2010 1:19 PM EDT

          The party that says "no" to everything, from unemployment benefits to financial reform. Gee, I wonder where they got that nickname...

          • 1 vote
          #36.1 - Tue Jul 20, 2010 1:21 PM EDT

          Yeah Chas and you are allowed to vote too! That's how it works in the United States. Even the people you don't like are allowed to voice their opinions. We listened to yours even if we don't like it. Grow up!

            #36.2 - Tue Jul 20, 2010 2:30 PM EDT
            Reply

            Righty-Whitey. Just how do you know Graham is a homosexual and that Kagan is a lesbian? I guess its because you havent come out of the closet yet. You must get all tangeled-up in your white sheets,huh?

            • 2 votes
            Reply#37 - Tue Jul 20, 2010 1:21 PM EDT

            Righty-Whitey, you let the softball picture fool ya!

            • 1 vote
            #37.1 - Tue Jul 20, 2010 1:45 PM EDT
            Reply

            I like the line up of O'Reilly, Hannity and Van Susteren much better.  The MSNBC lineup is a joke.

            • 1 vote
            Reply#38 - Tue Jul 20, 2010 1:23 PM EDT

            All three left their brains to science. Science is already contesting the will!

            • 3 votes
            #38.1 - Tue Jul 20, 2010 1:47 PM EDT

            Auntie Fascist-- that's just perfect!

              #38.2 - Tue Jul 20, 2010 2:53 PM EDT

              Don't ya love the name callers and the folks with the quaint insults? They use assumed cleverness to avoid being intellectually honest.

                #38.3 - Wed Jul 21, 2010 1:18 PM EDT
                Reply

                It's not a matter of left or right it's a matter of best person for the job and kagan is NOT that person.

                It seems the current administration just likes to spit in the face of the American people. With the policies pushed through and the two nominations for the Supreme court the government should just disband and let every person fend for themselves, they would be a lot better off than with the crap they're shoveling down our throats.

                Rest in peace America. It was nice knowing you.

                • 1 vote
                Reply#39 - Tue Jul 20, 2010 1:27 PM EDT

                Fortunately, most of us have more faith in both the United States and the American people. Sorry you don't think so. Byeee.

                • 1 vote
                #39.1 - Tue Jul 20, 2010 2:59 PM EDT
                Reply

                Graham is another Arlene Specter and needs to be recalled by the state of SC! Traitor

                  Reply#40 - Tue Jul 20, 2010 1:27 PM EDT

                  “Throughout her career, Ms. Kagan has placed her politics above the law," Sessions wrote. “She has never been a judge, never tried a case before a jury and has practiced law for only three years. She is the least experienced nominee in the last half-century."

                  Jeff Session

                  These are words spoken by an idiot. Ms. Kagan isn't a politician Mr. Session (unlike you); She is more qualified and definitely better fit to hold that seat on the high court....

                  You on the other hand isn't qualified and wasn't voted to hold the seat that you were "appointed" to on the Senate Judiciary Committee...because of your ideology and past actions, you couldn't get nominated...jealous much?

                  Mr. Graham seems to be the "only" Republican politician that understand the importance of working in a bi-partisan efforts by supporting the President on this issue if nothing else...

                  You're correct Mr. Graham...election "WILL" have consequences...Republicans need take heed; because talking points are one thing but reality always win...

                  • 2 votes
                  Reply#41 - Tue Jul 20, 2010 1:42 PM EDT

                  Graham is a waste of skin. Voting for Kagan is another steps towards deconstructing the constitution and imposing Harvard law upon the masses.

                    Reply#42 - Tue Jul 20, 2010 1:45 PM EDT

                    Graham has been a waste since the Graham-Rudman days...

                    As to her nomination, what else did anyone expect? That appointment is part of the overall plan..

                      Reply#43 - Tue Jul 20, 2010 1:47 PM EDT

                      finally a republican who uses common sense and wants to help the poor instead of the rich.

                      • 1 vote
                      Reply#44 - Tue Jul 20, 2010 1:49 PM EDT

                      Graham is a Progressive Rino

                        Reply#45 - Tue Jul 20, 2010 1:54 PM EDT
                        IGotIt1908Deleted

                        “Throughout her career, Ms. Kagan has placed her politics above the law," Sessions wrote. “She has never been a judge, never tried a case before a jury and has practiced law for only three years. She is the least experienced nominee in the last half-century.”

                        Hello???? Harriet Miers????? LOLOL

                        What a maroon.

                        • 1 vote
                        Reply#47 - Tue Jul 20, 2010 1:56 PM EDT

                        Gee Senator Graham, thanks for the alert!

                        We already KNOW elections have consequences...look at the mess BHO gotten us into in just 18 months!

                        Do we really have to keep shooting ourself in the foot...haven't we paid enough already?! By putting this nominee on the Court we are linked to this ridiculous administration for many years to come...is it really worth it?!

                          Reply#48 - Tue Jul 20, 2010 1:56 PM EDT

                          It's worth as least as much as getting X years of Bush from Roberts and Alito! Is there anything more ridiculous than making corporations PEOPLE!!

                          • 2 votes
                          #48.1 - Tue Jul 20, 2010 2:18 PM EDT

                          Dawn. Please explain what it is that you liked about the Bush presidency. Tell us all the good things he did in 8 years. We'd like to hear.

                          • 2 votes
                          #48.2 - Tue Jul 20, 2010 2:56 PM EDT

                          Dawn, the Senator apparently doesn't agree with you and your lock step brethren. Good for him. Too bad anyone who doesn't think like you and your pals are somehow anti-American or pinko or...

                          • 1 vote
                          #48.3 - Tue Jul 20, 2010 2:56 PM EDT

                          OH PA-LEEZE...there ya go again...taking the BHO mess and turning the conversation back to the Bush years! Not that I have to "explain" myself to you Auntie or Jody or Wakeup...but I wasn't thrilled with all the Bush years either...I however, a lifelong democrat, have chosen to move on and not parade "lock-step" behind the knucklehead currently residing at 1600 Pennsylvania Avenue!

                          Bush respected the Constitution and made Supreme Court nominations based on his respect for that great document...THIS administration is offering up nominations in an effort to change the fabric of this country...the fabric that made it great...The Constitution.

                          Bush screwed with our economy big time, but nothing...NOTHING...like BHO has. I'm wondering if he and his gang even know what they're doing at this point.

                          Move over Jimmy Carter...in the presidential hall of shame you will soon have a roommate...you can call him "Barry"!

                            #48.4 - Wed Jul 21, 2010 12:22 PM EDT
                            Reply

                            Wow...MSNBC is even covering up the story about the media cover up story! They've been protecting Obama all along. Truly amazing. If you haven't read about this yet...try to find a real news network for full details.

                            • 1 vote
                            Reply#49 - Tue Jul 20, 2010 1:57 PM EDT
                            IGotIt1908Deleted

                            Ladies and gentlemen, Graham our next Democratic senator from SC.

                              Reply#51 - Tue Jul 20, 2010 2:01 PM EDT
                              IGotIt1908Deleted
                              Reply

                              Reading republican answers and it reminded me of the report not long ago. Supreme Court Justice Clarence Thomas's wife is a member of the Tea Party and is busy raising large donations from big business and lobbyists for her Tea Party candidates. It is one thing for her to privately support candidates, it is another to actively seek contributions. It is no secret that Justice Thomas is a right leaning justice but this makes me question how far right and does he have the same beliefs as his Tea Party wife. Will Thomas recluse himself from any cases involving decisions that would impact those big businesses and lobbyist activities? I doubt it but in my opinion, his wife's politics should call into question his continued service as an unbiased Supreme Court Justice.

                              • 2 votes
                              Reply#52 - Tue Jul 20, 2010 2:01 PM EDT

                              Jody he is very far right and I agree with you he should recuse himself, but dont hold your breath.

                              This was mentioned several months ago, but never saw or heard anything until this past weekend, talk about putting politics before the law. Such hypocrites.

                                #52.1 - Tue Jul 20, 2010 3:04 PM EDT

                                YES of course Jody, in your opinion.

                                So give us your opinion on requiring all of the Supreme Court justices to recuse themself if they are likely to disgree with the point of view of the inept liar in the white house.

                                  #52.2 - Tue Jul 20, 2010 3:47 PM EDT
                                  Reply

                                  Aw, poor righties, so bitter!  Let me remind you that Americans elected Mr. Obama president of the U.S.  There are many of us who aren't the least bit interested in your extreme philosophies of hate and greed.  We simply cannot afford you anymore.  Begone!

                                  • 3 votes
                                  Reply#53 - Tue Jul 20, 2010 2:04 PM EDT

                                  Bedwetter

                                    #53.1 - Tue Jul 20, 2010 2:12 PM EDT

                                    Do tell, why are you here, troll?

                                      #53.2 - Tue Jul 20, 2010 3:05 PM EDT

                                      GBM,

                                      I think that stormerF was describing himself there.

                                      louee,

                                      I agree with you, we simply cannot afford to have the Repubs back in ANY sort of power lest the finish the destruction that they have started and nearly had complete with Shrub!

                                      • 1 vote
                                      #53.3 - Tue Jul 20, 2010 3:28 PM EDT

                                      Well now, my smug little liberal friends, so all of you are confident, that the supporters of the Democratic Parasitical Party, will carry the day gain, eh?

                                      Well perhaps you are right, perhaps the 56% of the electorate that told the inept liar in the white house that they didn't want his insurance farce, will forget about it.

                                      Perhaps haps the 36 million seniors will understand why he had to cut 460 billion from welfare so that he could hand free insurance to his leech constituency.

                                      Of coure it goes without saying that the country will not remember the trampling he gave the US Bankruptcy COde, when he sc3ewed the secured creditors and stockholders of GM, to hand 10% of GM to the UAW.

                                      Yep and its' likely that the 70% of the electorate that doesn 't not want the criminal aliens to have amnesty, won't even notice that he is doing everything he can to give them amnesty.

                                      Obama is a meglomaniac and you foks are delusional.

                                        #53.4 - Tue Jul 20, 2010 3:58 PM EDT
                                        Reply

                                        Lindsay is a fop, and an embarrassment to SC!

                                          Reply#54 - Tue Jul 20, 2010 2:04 PM EDT

                                          Mr. Graham will and has become a target of the conservative tea party movement and will soon be out of office. Thank goodness!

                                            Reply#55 - Tue Jul 20, 2010 2:05 PM EDT

                                            It borders on disgusting when people find fault with the thoughtful, measured, realistic, responsible, statesman like comments of Senator Graham. He was just doing what the GOP wanted DEMs to do when they controlled the Senate by true majority instead of hokey procedural rules (but that's another topic) and that was to respect the majority's right to appoint qualified candidates of its choosing. If the court were not expected to reflect the diversity that is America, its review of cases could be accomplished by an array of supercomputers. Why bother with hearings if votes are to be strictly partisan?

                                            • 3 votes
                                            Reply#56 - Tue Jul 20, 2010 2:05 PM EDT

                                            The RINO is history, first we get rid of the RINOS and dem lites, then we start on the parasitical party.

                                              #56.1 - Tue Jul 20, 2010 4:00 PM EDT
                                              Reply

                                              You write:  "The interstate commerce clause says no, but the 1942 case of Wickard v. Filburn allowed the government to fine a farmer for growing too much wheat and not taking enough of it to market — because his actions, when aggregated with those of other farmers, could affect national wheat prices."

                                              And this case can provide precedent for upholding the individual mandate on health insurance, because the actions of the individual who refuses to buy health insurance, when aggregated with others who do the same, drives up health care costs nationwide.

                                              Also, there is legal precendent for Congress requiring specific private purchases.  The Militia Act of 1792, signed into law by none other than George Washington, required that every able-bodied man between the ages of 18 and 45 ". . .shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of power and ball; or with a good rifle, knapsack, shot-pouch, and power-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear so armed, accoutred and provided, when called out to exercise or into service. . ."

                                              • 1 vote
                                              Reply#57 - Tue Jul 20, 2010 2:11 PM EDT

                                              Lindsey is not a republican,he is a bedwetting liberal Democrat like Specter,given an opportunity he wiil change colors like the lizard he is.

                                              • 1 vote
                                              Reply#58 - Tue Jul 20, 2010 2:11 PM EDT

                                              What's with this "bedwetter" crap? Projection?

                                              • 1 vote
                                              #58.1 - Tue Jul 20, 2010 2:20 PM EDT
                                              Reply
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