Kagan Whip Count: Senate Debate Commences
The Senate opened debate today on the SCOTUS nomination of Solicitor Gen. Elena Kagan, with Sen. Jeff Sessions (R-AL) leading the GOP opposition.
Sessions, the ranking member of the Senate Jud Cmte, argued that Kagan's approach to judging is "inconsistent with the classic American view of a judge, one who shows restraint, follows the law, adjudicates matters before the court and who is objective and fair."
He also took aim at her opposition to "don't ask, don't tell" and how it affected her actions as dean of Harvard Law School.
But Sen. Dianne Feinstein (D-CA) defended Kagan's actions as dean, saying they had been "inaccurately depicted." She noted that Kagan never barred military recruiters from campus, as Sessions and other GOPers have claimed. Rather, for one semester, Kagan required military recruiters to reach students through a campus military association rather than working out of the school's career office after a law barring federal funding to colleges that prohibit military recruiting on campus was found to be unconstitutional.
"At all times, the military had access to students," Feinstein said. "What is most striking ... is that although the Judiciary [Cmte] has heard from service members on both sides of this issue, every report we have received from a veteran or service member who actually attended Harvard at the time has been in strong support of Kagan's nomination to the court."
Senate Jud Cmte Chair Pat Leahy (D-VT) also argued in support of Kagan, saying she holds "mainstream views" and will not substitute her own opinions "to override congressional law."
Senate Maj. Leader Harry Reid and Sen. Joe Lieberman (I-CT) expressed support for Kagan's nomination in floor remarks today. The latest whip count appears after the jump.
A note on methodology: We assume a vast majority -- if not all -- of the Dem caucus will vote to confirm Kagan. But we're going to be sticklers for a firm 'yes' -- or the very strong hint of a 'yes' in an interview. Sens. breaking with their party are in italics.
YES VOTES: 36
Sens. Max Baucus (AP article), Michael Bennet (report), Roland Burris (statement), Ben Cardin (statement), Susan Collins (statement), Chris Dodd (statement), Byron Dorgan (statement), Dick Durbin (floor speech, 7/12), Russ Feingold (statement), Dianne Feinstein (statement, Al Franken (interview), Kirsten Gillibrand (statement), Lindsey Graham (announced at committee hearing, 7/20), Judd Gregg (statement), Tim Johnson (report), Ted Kaufman (statement), Amy Klobuchar (interview), Mary Landrieu (Politico article), Frank Lautenberg (statement), Pat Leahy (statement), Joe Lieberman (floor statement, 8/2), Dick Lugar (statement), Claire McCaskill (report), Jeff Merkley (report), Patty Murray (statement), Jack Reed (statement), Harry Reid (floor statement, 8/3), Chuck Schumer (announced at committee hearing, 7/20), Jeanne Shaheen (report), Olympia Snowe (statement), Arlen Specter (op-ed), Debbie Stabenow (statement), Jon Tester (AP article), Mark Udall (statement), Mark Warner (statement) Sheldon Whitehouse (interview).
NO VOTES: 25
Sens. Lamar Alexander (statement), Bob Bennett (statement), Jim Bunning (statement), Richard Burr (statement), Saxby Chambliss (statement), Tom Coburn (op-ed), Bob Corker (statement), John Cornyn (statement), Jim DeMint (op-ed), John Ensign (statement), Chuck Grassley (statement), Orrin Hatch (statement), Kay Bailey Hutchison (statement), Jim Inhofe (statement), Johnny Isakson (statement), Mike Johanns (statement), Jon Kyl (announced at committee hearing, 7/20), John McCain (op-ed), Mitch McConnell (statement), Lisa Murkowski (statement), Ben Nelson (statement), Jeff Sessions (op-ed), Richard Shelby (statement), John Thune (statement), David Vitter (statement), Roger Wicker (report).
Updated at 4:30 p.m.