Specter Backing Kagan: SCOTUS Nominee Clears Biggest Dem Hurdle

Sen. Arlen Specter (D-PA) and SCOTUS nominee Elena Kagan
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Sen. Arlen Specter was a wild card when it came to Elena Kagan’s nomination to the Supreme Court, but today said he’ll support her even though the confirmation hearings this month were a “charade.” It’s a change of heart for Specter, who voted against her February 2009 nomination to the solicitor general post when he was still a Republican. He was the most likely Democrat to oppose her, but Specter’s support clears the way for a smooth confirmation vote next week in the Senate Judiciary Committee.

Specter (D-PA) announced today that Kagan did “just enough” to win him over.

At times since switching parties, Specter has played the roaring liberal. When Kagan was first announced, Specter was still in the heat of a tough Democratic primary against Rep. Joe Sestak (D-PA). That primary was so tough, Specter lost, effectively making him a lame-duck senator free to vote any way he pleased.

Given his vote last year, and his tough line of questioning during her confirmation hearings, Specter was widely viewed as a potential “No” vote on Kagan. And based on this op-ed he wrote for USA Today, it sounds like he was on the fence. He criticized her several times, suggesting she had stonewalled senators, giving them non-answers.

It may be understandable that she said little after White House coaching and the continuing success of stonewalling nominees. But it is regrettable. Some indication of her judicial philosophy may be gleaned by her self-classification as a “progressive” and her acknowledged admiration for Justice Thurgood Marshall. That suggests she would uphold congressional fact-finding resulting in remedial legislation and protect individual rights in the congressional-executive battles.

The best protection of those values may come from the public’s understanding through television of the court’s tremendous power in deciding the nation’s critical questions. 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 Marshall as her role model.

But Specter also praised her “impressive” legal mind. Read the Specter op-ed in full here. Follow our coverage of Kagan’s nomination here.

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