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Despite Republicans vow that Elena Kagan was in for a tough ride to the Supreme Court, the only lingering drama ahead of Tuesdays Judiciary Committee vote is whether Sen. Lindsey Graham will break GOP ranks to vote yes on her nomination.
If the South Carolina Republican does back Kagan, as is expected, her committee vote will likely mirror the vote for Justice Sonia Sotomayor with Graham joining all 12 Democrats in voting yes, while the remaining six Republicans, led by ranking member Jeff Sessions (Ala.), vote no.
Sen. Arlen Specter (D-Pa.) on Thursday dashed GOP hopes that he would vote against Kagan. Before switching parties last year, Specter voted against her nomination to become solicitor general, and he was harshly critical of Kagan during her hearings last month, repeatedly sparring with her for being unresponsive to his questions.
But on Thursday, Specter said in a floor speech, Ms. Kagan has said just enough to get my vote.
Specter penned an opinion piece in Thursdays USA Today saying he would vote for her nomination but continuing to criticize her for not answering questions on issues including campaign finance reform and the governments wiretapping authority.
Specter, who chaired the Judiciary panel as a Republican, said, In addition to her intellect, academic and professional qualifications, Kagan did just enough to win my vote by her answers that television would be good for the country and the court and by identifying Justice [Thurgood] Marshall as her role model.
Although they hoped to score more points than they did when Sotomayor sailed through the Senate, there has been little drama. Republicans chalk up Kagans success to a variety of factors, most notably her thin record which has not offered much in the way of controversy her adept handling of the pre-hearing process, her use of humor and rhetorical obfuscation during the hearings to avoid major gaffes, and an often disjointed GOP attack.
Kagan has also been lucky. She spent weeks making the rounds on Capitol Hill a process that typically involves dozens of reporters and camera crews chasing the nominee from office to office while the nation was focused on the Gulf Coast oil spill. Then, when her hearings began, they were again upstaged, first by the confirmation of Gen. David Petraeus to head the war in Afghanistan and then by the death of Sen. Robert Byrd (D-W.Va.).
But Republicans are vowing to push ahead over the next two weeks in the hopes of limiting GOP defections on her final confirmation vote to a handful of moderates.