Kagan Vote Expected Next Week; Confirmation Expected Before Recess

July 30, 2010 — The Senate is expected to take up Elena Kagan's nomination to the Supreme Court between Wednesday evening and Friday of next week, a plan that could anger Senate Republicans, CongressDaily reports. GOP senators seek at least three days for speeches about Kagan before voting on her nomination.

Senate Judiciary Committee ranking member Jeff Sessions (R-Ala.) said, "I don't imagine it will take less than three-plus days. People have comments to make; they should be able to have that done before the vote." He added that it may take six days for all senators to voice their opinions about the nomination.

However, aides for Senate Majority Leader Harry Reid (D-Nev.) say only two days are needed, noting that Justice Sonia Sotomayor was confirmed last year less than 48 hours after the Senate took up her nomination (Friedman, CongressDaily, 7/30). Kagan is expected to win confirmation before the Senate leaves for its August recess (Lesniewski, CQ Today, 7/29).

Washington Times Editorial Questions Kagan's Legal Ethics

"The U.S. Senate is derelict in its duty if it votes to confirm Elena Kagan to the Supreme Court without further investigating her legal ethics," the Washington Times writes. The editorial criticizes Kagan's work crafting abortion policy in the Clinton administration, specifically taking issue with her actions regarding a statement from the American College of Obstetricians and Gynecologists on the topic of abortions later in pregnancy. The Times writes that senators should more closely examine Kagan's actions in the Clinton administration and her testimony regarding those actions (Washington Times, 7/29).