The Daily Caller

The Daily Caller
Politics

Will Arlen Specter be the only Democrat to vote against Elena Kagan?

10:58 AM 07/01/2010
Chris Moody

In what turned into a heated exchange Thursday between Sen. Arlen Specter and Supreme Court nominee Elena Kagan, Pennsylvania’s lame duck Democrat showed he would have nothing of her (non)answers to his questions about how members of the court should review the constitutionality of legislation.

Kagan dodged Specter’s inquiries about how she would gauge whether legislation passes constitutional muster, drawing an aggregated response from the five-term senator, who’s switched parties twice since entering politics.

“You have followed the pattern which has been in vogue since Bork,” he said, referring to the practice of Supreme Court nominees remaining type-lipped about their views since Judge Robert Bork took a beating for voicing his opinion and lost the nomination in 1987. “It would be my hope that we could find some place between voting no and having some sort of substantive answers, but I don’t know that it would be useful to continue these questions any further.”

Kagan fired back, saying she would not be able to answer Specter’s questions without knowing more about the specific case.

“I can’t sit at this table without briefing, without argument, without discussion with my colleagues, and say, ‘Well, I don’t approve of that test. I would reverse it,’” Kagan said.

“Perhaps you haven’t answered much of anything,” Specter replied.

Specter, who voted against Kagan’s nomination for solicitor general in 2009 when he was a Republican and lost in the primaries last spring, has little to lose if he opposes her for the slot on the Supreme Court. He told reporters yesterday he was still “thinking” about voting against her.

Regardless, it appears Kagan will receive the nomination when the Senate votes later this month.

WATCH SPECTER GRILL KAGAN

Tags: Arlen Specter, Dismissal of United States Attorneys controversy, Elena Kagan, Pennsylvania, Pennsylvania, United States, Politics, Senate, Solicitor general, Supreme Court, the primaries, United States

  • Pingback: what are some ways besides limewire to download free songs?

  • tombt

    In a feeble attempt at salvaging at least a portion of his legacy in Washington, I wouldn’t be surprised if Specter voted against Kagan. Perhaps he senses that history won’t be kind to him?

  • tinteardrop

    “When you ain’t got nothin you got nothin to lose,
    you’re invisible now you got no secrets to conceal…”

    B.Dylan

  • tombt

    Republicans are always civil in these hearings giving Democrats the opportunity to appoint like minded judges. Democrats, however, have proven to be ruthless when it comes to Republican nominees. But then again, Democrats have always known how to play hardball.

    Kagan will be a far left activist judge who will use the courts to push a radical agenda that would never survive in the legislative arena. Unfortunately, elections have consequences and we will be paying for ’08 for years to come.

    • Taxpayer

      You nailed it.

      In politics, nice guys finish last. The libs deserve no respect because they give none, and they’ve earned none. So let’s stop being all nice and fire up the (verbal) flame-throwers!

      • thebassguy

        yes, the Republicans have been far too nice to the Dems. Show some spirit, rightwingers! Make sure you talk about how much Obama is like Hitler! Teabaggers LUV that.

    • boodood

      the dems are aided and abetted by the MSM.

      the democrats are always characterized as ‘principled, tough and decisive’

      the republicans are always characterized as ‘obstructionist, inflexible and following the party line in lockstep’

      • thebassguy

        “the republicans are always characterized as ‘obstructionist, inflexible and following the party line in lockstep” – imagine that! How on Earth did the MSM get that idea? Must be a conspiracy.

  • donna426

    Specter knows that what goes around comes around and IF he votes against what his constituents wants he would have no chance of getting back in the Senate. If he had done that to begin with he may have been returning to the Senate now.

  • oldguy5

    Specter won’t stand up – even a lame duck has no balls. Same for the rest of these Senators – they know what’s going on and just play the game as long as they get paid.

  • ladylove

    some one should be standing up against this woman,

    instead they will just ignore what is important, and confim her, after all no one dares to challenge this president, rf they do, well we all know they must be racist.

    and that is the real bottom line here.

    • billbrady

      Coburn and Sessions did ok but the rest was disappointing to say the least. The Lindsey Graham chuckle fest was disgusting. I see nothing humorous in the pending confirmation of this nominee. The GOP mindset: We can’t oppose a nominee of the Bammer….that would make us look bad and we might even be called racists and bigots. We have no choice but to give her a pass. One would think what the Democrats did to Bork, Thomas, and Estrada would not have been lost but such is not the case.

      I still would like the soon to be retired Specter fire the parting shot heard round the world with a resounding NO vote !! Come on Arlen……..do it ! !

      • anniebanannie

        “I see nothing humorous in the pending confirmation of this nominee.”

        Exactly. It reminded me of all the misplaced “LOL”‘s in the trolls’ posts here. It was a very telling liberal snicker to the observant audience.

        • llama

          I don’t know if the liberals are trying to hide the fact that they find the ranting on here humorous. Frankly, that is the only reason I look on here. Mr. Tuckers attempt to provide a reasoned voice for conservatives has failed. Between biased reporting and omissions and the extremist views of SOME of the posters, its to good to resist the occasional joke that you make of your club. Perhaps the only thing more entertaining is the Fox Morning show – it reminds me of the “maverick” thing from McCain – they seem to believe that if they say “fair and balanced” enough idiots will believe it.

          As for the hearings, the ridiculous posturing of Senators of all stripes is ripe for comedy – frankly I have a great deal more respect for the Senator from SC – you can disagree with someone on issues, but the comical positioning for purposes of getting a good sound bite when you run in your primary against even nuttier challengers is worth a good laugh – at least Grahm has the heart to point that out through his humor.

          I will now retreat, get a sandwich and chuckle at the clowns who believe the world will end if Kagen is approved.

          • llama

            Whoops – I forgot — LOL