Nelson Becomes First Dem "No" On Kagan
Sen. Ben Nelson (D-NE) announced late today that he would not vote to confirm Elena Kagan to the SCOTUS, becoming the first member of Pres. Obama's party to oppose one of his nominees to the high court.
Nelson issued a vague, late afternoon statement in which he first said he would vote for cloture if the GOP attempted to filibuster Kagan's nomination. But, ultimately, he said she had not earned his support.
"I have heard concerns from Nebraskans regarding Ms. Kagan, and her lack of a judicial record makes it difficult for me to discount the concerns raised by Nebraskans, or to reach a level of comfort that these concerns are unfounded," Nelson said. "Therefore, I will not vote to confirm Ms. Kagan's nomination."
Nelson's offer to split the baby is likely to be irrelevant, however. With five GOPers now committed to supporting Kagan, it is highly doubtful that Nelson's vote would be needed to break a filibuster.
Nelson's announcement also came as a surprise. After he met with Kagan on May 19, Nelson said in a statement that Kagan "demonstrated that she understands that the judicial branch must apply the law, not seek to pursue an agenda and make law, which is the role of a legislator."
"I believe she respects the Constitution, settled law and precedent, which are the foundation upon which a member of the Supreme Court must rely," Nelson continued. "It will be up to her to explain further how her previous experience and background have prepared her for a seat on the nation's high court."
In '09, Nelson voted to confirm Kagan as solicitor gen., and he also voted to confirm Sonia Sotomayor.
"As usual," Nelson said in announcing in Aug. '09 that he would support Sotomayor, "and I saw this with previous Supreme Court nominations, political operatives feel passionately and want her confirmed or not confirmed. While I listened to both sides, what mattered more to me were the views of independent groups about Judge Sotomayor."
According to the statement released by his office last Aug., Nelson "noted that the Standing Committee on the Federal Judiciary of the American Bar Association said: 'Judge Sotomayor's opinions show an adherence to precedent and an absence of attempts to set policy based on the judge's personal views.'"
The same ABA committee unanimously (with one abstention) granted Kagan a "well qualified" rating -- the highest possible classification.
Nelson has been a thorn in the side of Dem leadership during the 111th Congress, threatening to vote against the party's signature legislative achievements -- health care (remember the Cornhusker Kickback?) and financial regulatory reform bills -- unless he earned key concessions. He ultimately voted for both pieces of legislation.
Nelson announced earlier this month on a NE radio station that he intends to seek re-election in '12. In an interview Tuesday with the Lincoln Star Journal, popular Gov. Dave Heineman (R) said he'll "take a look [at a SEN run] at the right time," but he conceded "it's very unlikely I'll run for the Senate."
Heineman added that Nebraskans who are urging him to challenge Nelson argue that "Nebraska needs a U.S. senator who reflects the values and beliefs of this state. ... The only reason I'm willing to take a look is because people tell me they are so mad at Senator Nelson for his vote on health care. And the intensity of that is growing."
Nelson is immensely more a barely moderate Republican than he is a Democrat.
Amazing; Nelson says he's listening to his constituency. Let's see if it really happens -- he's been known to sell out at the cost of his reputation and credibility.