Jon Kyl: No Filibuster On Kagan Nomination

KaganOne of the most conservative members of the Senate said today that a filibuster of Elena Kagan’s nomination to the Supreme Court is not going to happen:

Supreme Court nominee Elena Kagan is unlikely to face a Republican filibuster, the Senate’s second-ranking Republican said Sunday.

“The filibuster should be relegated to extreme circumstances, and I don’t think Elena Kagan represents that,” Arizona Sen. Jon Kyl, a member of the Senate Judiciary Committee, told CBS’s “Face the Nation.”

Kyl voted to confirm Kagan to be solicitor general, the top lawyer who argues the administration’s cases before the Supreme Court. But Kagan shouldn’t be count on his vote again, he said.

“No,” he said. “I explained at the time that my vote for the temporary position as the government’s top lawyer in the Justice Department did not suggest how I would vote were she to be nominated for a lifetime appointment to a court such as the Supreme Court.”

Not surprising.

For one thing, it’s unlikely that the Republicans would have the 40 votes they would need to defeat a cloture motion on the nomination given the fact that two GOP Senators had already expressed support for Kagan’s nomination. For another, it’s become fairly clear in just the six days since the nomination was announced that there’s next to nothing in Kagan’s record that would come close to being sufficient grounds to deny her a vote on confirmation, a vote that she will win in the end anyway. Playing politics in this situation would likely only serve to hurt the GOP in an election year.

So, for the next month or so, we’ll go through the kabuki theater that Supreme Court nominations have become over the last 25 years. Republican Senators will ask their questions. Bloggers and pundits will pontificate. And, sometime in August, Elena Kagan will be sworn in as the 112th Justice of the Supreme Court.

FILED UNDER: Law and the Courts, US Politics, , , , ,
Doug Mataconis
About Doug Mataconis
Doug Mataconis held a B.A. in Political Science from Rutgers University and J.D. from George Mason University School of Law. He joined the staff of OTB in May 2010 and contributed a staggering 16,483 posts before his retirement in January 2020. He passed for too young in July 2021.

Comments

  1. Chris says:

    I’ve been following a lot of coverage on this issue and I don’t see how we have any choice but to love and accept this woman.

    You can follow my Twitter stream here for more details:
    http://twitter.com/Chris_Halasz

  2. Chris says:

    I’ve been following a lot of coverage on this issue and I don’t see how we have any choice but to love and accept this woman.

    You can follow my Twitter stream here for more details:
    http://twitter.com/Chris_Halasz

  3. Zelsdorf Ragshaft III says:

    If you think vote against the affirmation of a dyed in wool socialist to hold position of Justice on the SCOTUS would hurt Republicans you miss what has been going on in this country since the election of BHO. If you think it is OK for someone who’s values are diametrically opposed to those of our founding fathers I assume you saw nothing wrong with justice as practiced during the middle 1930s in Germany.
    The fact a man who has zero experience as an executive and holds the office of President of the United States should appoint an individual with the same amount of judicial experience should be expected. That there is on public outcry is disturbing to those who believe in this country and what it stands for.

  4. Zelsdorf Ragshaft III says:

    If you think a vote against the affirmation of a dyed in wool socialist to hold position of Justice on the SCOTUS would hurt Republicans you miss what has been going on in this country since the election of BHO. If you think it is OK for someone who’s values are diametrically opposed to those of our founding fathers I assume you saw nothing wrong with justice as practiced during the middle 1930s in Germany.
    The fact a man who has zero experience as an executive and holds the office of President of the United States should appoint an individual with the same amount of judicial experience should be expected. That there is on public outcry is disturbing to those who believe in this country and what it stands for.

  5. anjin-san says:

    Hey Rags, how much “executive experience” did Abraham Lincoln have when he became President?

  6. Herb says:

    The fact a man who has zero experience as an executive and holds the office of President of the United States

    Still beating that “no experience” drum two years later? What, no credit for on the job training?

    Nice Nazi analogy too. It displays the level of thought you’ve put into this, although perhaps not in ways you intend.

  7. yetanotherjohn says:

    I think you miss who would benefit most by blocking her, it’s not the GOP but the democrats.

    If the democrats said, we are against stealth candidates. Either give us a full account of your positions because you have no record to judge or we won’t pass you, the democrats in congress would do themselves some good next fall. They would be taking a major step to change Washington. Obama my get egg on his face, but he won’t have a problem throwing Kagan under the bus if that is politically expedient. And the democrats can do this with or without the GOP.