Gregg to back Kagan, Nelson a 'no'

From NBC's Ken Strickland and Msnbc.com's Carrie Dann
Retiring Sen. Judd Gregg, R-N.H. announced Friday that he will vote to confirm Supreme Court nominee Elena Kagan, making him the fifth Republican to indicate support for Obama's pick for the job.

"Ms. Kagan and I may have different political philosophies, but I believe that the confirmation process should be based on qualifications, not ideological litmus tests or political affiliation," he said in a written statement. "I will vote for her confirmation."

UPDATE: Gregg's announcement came shortly before Democrat Ben Nelson of Nebraska announced that he will NOT support Kagan, citing "her lack of a judicial record." Nelson said his constituents have raised concerns about Kagan and that he will not vote to confirm her, although he pledged not to vote with Republicans if they attempt to filibuster her confirmation vote. Nelson is the only Democrat so far to announce a planned vote against Kagan.

Gregg was one of four Republicans who voted both for Kagan’s confirmation as Solicitor General and for Associate Justice Sonia Sotomayor. The other three – Sens. Collins, Lugar, and Snowe – have also said they will vote for Kagan. (Sen. Lindsey Graham of South Carolina., who voted for Sotomayor and has said he will vote for Kagan in next week's confirmation vote, spoke supportively about Kagan during her SG hearings but was absent from the vote to confirm her to that post in 2009.)

Here's Gregg's full statement:

"The Senate's duty to provide advice and consent on Presidential nominations to the Supreme Court is one of its most significant constitutional responsibilities. Separate and distinct from its legislative function, the confirmation process requires the Senate to put aside politics and conduct a frank and evenhanded review of the nominee's record, qualifications and demonstrated ability to apply the law in a fair and impartial manner.

"I have met personally with Solicitor General Elena Kagan, reviewed her record, and followed her testimony before the Senate Judiciary Committee. During this process, Ms. Kagan has pledged that she will exercise judicial restraint and decide each case that comes before her based on the law, with objectivity and without regard to her personal views. She also has served the American people under two different administrations and has a strong legal academic background. She is qualified to serve on the U.S. Supreme Court.

"Ms. Kagan and I may have different political philosophies, but I believe that the confirmation process should be based on qualifications, not ideological litmus tests or political affiliation. I will vote for her confirmation."

And here's Nelson's full statement:

“As a member of the bipartisan ‘Gang of 14,’ I will follow our agreement that judicial nominees should be filibustered only under extraordinary circumstances. If a cloture vote is held on the nomination of Elena Kagan to the U.S. Supreme Court, I am prepared to vote for cloture and oppose a filibuster because, in my view, this nominee deserves an up or down vote in the Senate.

“However, I have heard concerns from Nebraskans regarding Ms. Kagan, and her lack of a judicial record makes it difficult for me to discount the concerns raised by Nebraskans, or to reach a level of comfort that these concerns are unfounded. Therefore, I will not vote to confirm Ms. Kagan’s nomination.”

Discuss this post

Jump to discussion page: 1 2

I think that Ben Nelson (R) needs to switch party and be the NO guy for the American worker who want their GOVERNMENT to do it job and protect them from the corporations that is draining this country each day. This fellow is no Democrat with the way he votes on the most important issues facing America so i think he should be terminated next election if possible. Yeah they say Ben is in a conservative district so he got to vote no well i say damn that what about your state more and do your @!$%#ing job to get this country moving forward. Maybe he need to worry about the Democrat supporters more and realize (D) is behind his name for now so get with the programs to do right for Americans and stop living in fear cause the good out ways the bad.

    Reply#26 - Sun Aug 1, 2010 3:06 AM EDT

    She should be forced to lose 25 pounds before the vote, or forfeit. The government should set the example. No government employee should be fatter than a 5th grader.

      Reply#27 - Sun Aug 1, 2010 10:18 AM EDT

      Lets pay these people for their accomplishments what they did as polticians weigh it on a scale see what their worth is that way. because I don't know maybe I'm wrong but there could be some dead weight players in this game.

        Reply#28 - Sun Aug 1, 2010 11:59 AM EDT

        I'm getting tired of Nelson. I understand he's a democrat senator from a backward red state, but voting against her is just insane. He might just as well go over the GOP. He's useless.

        • 1 vote
        Reply#29 - Sun Aug 1, 2010 1:39 PM EDT

        If Ben Nelson opposes Kagan because he believes his constituents oppose her, he's forgotten the distinction between following and leadership.

        Of course he wants to be reelected. Every politician does. But this isn't the first time Nelson's name has cropped up as a Democratic hold out or swindler. Every time he breaks with his party, his name and picture get into the news. This is a reward in itself. Not only does it give him greater name recognition but it gives him the fifteen minutes of fame that every ordinary dope wants.

        Republicans seem to have far fewer problems along these lines. There are two or three exceptions that everyone knows about but by and large they seem to vote en bloc in opposition to anything the administration proposes -- and for good reason. If they can prevent the present administration from accomplishing anything, they can then accuse the administration of not accomplishing anything.

        To put it another way, the worse shape the country is in during the next elections and in 2012, the better for the Republicans.

        • 3 votes
        Reply#30 - Sun Aug 1, 2010 1:41 PM EDT

        Robert, you're correct. The GOP wants America to fail so they can get back in power and continue where Bush left off, ruining the economy. They have no shame.

        • 2 votes
        #30.1 - Sun Aug 1, 2010 1:47 PM EDT

        R Bell: You hit the nail on the head!

        • 2 votes
        #30.2 - Mon Aug 2, 2010 9:20 PM EDT
        Reply

        Ben Nelson has got to go!!!! Why he ever chose to be a democrat is beyond me and I'm sure some republicans as well!

        He's a selfish pig and votes only what's best for him, damn his constituents!

        I hope we have a real Democrat to challenge him in his next race, it would be dreaming for too much to hope for his retirement!

        • 1 vote
        Reply#31 - Tue Aug 3, 2010 1:01 AM EDT
        Jump to discussion page: 1 2
        You're in Easy Mode. If you prefer, you can use XHTML Mode instead.
        As a new user, you may notice a few temporary content restrictions. Click here for more info.