The Senate's final vote to confirm Elena Kagan for the Supreme Court was notably partisan, and it was punctuated by a kerfuffle between Sen. Al Franken, D-Minn., who was presiding over the Senate, and Minority Leader Mitch McConnell, R-Ky. Franken was making faces during McConnell's remarks about Kagan before the vote. McConnell confronted him afterward and Franken subsequently apologized.

Kagan received five fewer votes than Sonia Sotomayor did last year, though Kagan's nomination drew less interest and criticism than Sotomayor's. Republicans attributed increased opposition to Kagan largely to her lack of a judicial record, her White House background and past opposition to a policy preventing gays from serving openly in the military.

Senate Majority Whip Richard Durbin, D-Ill., and other Democrats have argued the lower level of support for Kagan is due to Republican reluctance to buck right-wing voters in an election year. Another factor may be increased willingness among Senate Republicans to vote against nominees on the basis of their perceived judicial philosophy, not just a nominee's qualifications.

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The Senate on Thursday confirmed Elena Kagan for a lifetime seat on the Supreme Court mostly along partisan lines, 63-37. The margin was narrower than the one for Sonia Sotomayor a year ago (68-31).

Kagan earned five GOP supporters -- Sens. Susan Collins (Maine), Lindsey Graham (S.C.), Judd Gregg (N.H.), Richard Lugar (Ind.) and Olympia Snowe (Maine). None of the five are facing re-election this year. One Democrat, Sen. Ben Nelson (Neb.), voted against Kagan.

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The Senate opened debate today on the Supreme Court nomination of Elena Kagan, with Judiciary ranking member Jeff Sessions leading the GOP opposition.

Kagan is unfit to sit on the high court, Sessions argued, because her 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.

Senate Minority Whip Jon Kyl, another senior GOP Judiciary member opposing her nomination, said he was dismayed by what he described as Kagan's efforts during her confirmation hearing to redefine her position on military recruiting on the Harvard Law School campus.

But Sen. Dianne Feinstein, D-Calif., 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 Republicans have claimed.

Continue reading Senate Kicks Off Debate

The Senate today kicks off debate on Elena Kagan's Supreme Court nomination as Republicans, buoyed by an unexpected Democratic "no" vote, argue for opposing Kagan over social issues.

Democratic aides had said debate on Kagan would likely not start until Wednesday evening after votes on other issues. But Senate Majority Leader Harry Reid on Monday said the Senate instead will start debate today, but it will likely be interrupted by votes on other matters. Doing so will allow Democrats to say they granted several days of debate sought by Republicans.

Republicans have seized on Friday's announcement by Sen. Ben Nelson, D-Neb., that he will vote against confirming Kagan. Nelson said he would back cloture if needed.

Nelson attributed his position as much to his constituents' views as his own. He said he had "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."

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Sen. Judd Gregg, R-N.H., announced today he will vote to confirm Elena Kagan to the Supreme Court next week, saying her qualifications warrant confirmation. He is the fifth Republican to announce support for the nominee, joining Sens. Olympia Snowe and Susan Collins of Maine, Richard Lugar of Indiana and Lindsey Graham of South Carolina. All five voted to confirm Justice Sonia Sotomayor last year.

In a statement, Gregg said the confirmation process requires senators to "to put aside politics and conduct a frank and evenhanded review of the nominee's record, qualifications and demonstrated ability to apply the law in a fair and impartial manner."

"Ms. Kagan has pledged that she will exercise judicial restraint and decide each case that comes before her based on the law, with objectivity and without regard to her personal views," Gregg said. "She also has served the American people under two different administrations and has a strong legal academic background. She is qualified to serve on the U.S. Supreme Court."

The vote on Kagan may be the Senate's last before the recess and is likely to occur Thursday.

Earlier today, Sen. Bob Corker, R-Tenn., announced he will vote against Kagan's confirmation. Corker said he found Kagan intelligent but that he will oppose her because her record shows she believes it "appropriate to use the court to achieve a political end." Sen. Kay Bailey Hutchinson, R-Texas, also announced her opposition. According to a National Journal count, 25 Republican senators have now announced plans to vote against confirming Kagan.

Sen. Scott Brown, R-Mass, who has not announced his position, appears to be the most likely remaining GOP "yes" vote.

Sen. Olympia Snowe, R-Maine, today became the fourth Senate Republican to announce she will vote to confirm Solicitor General Elena Kagan to the Supreme Court.

That GOP backing all but assures Kagan's confirmation in a vote next week since Democratic opposition is unlikely.

"Throughout my tenure in the Senate, I have applied a uniform standard for evaluating nominees for the United States Supreme Court, under both Republican and Democratic administrations," Snowe said in a statement. "I find that Ms. Kagan has met that standard with the strong intellect, respect for the rule of law, and understanding of the important but limited role of the Supreme Court that I believe is required of any justice."

Snowe added that Kagan's backing from all ten solicitors general since 1985, including five GOP-appointees, was "significant."

Sens. Lindsey Graham, R-S.C., Richard Lugar, R-Ind., and Susan Collins, R-Maine, have also said they will back Kagan. Democrats hope Sen. Scott Brown, R-Mass., will follow suit. Most Republicans appear set to oppose Kagan's confirmation.

Sen. Susan Collins, R-Maine, on Friday became the third GOP senator to announce she will vote to confirm Elena Kagan.

"Having analyzed her record, questioned her personally, and reviewed the Judiciary Committee's hearings, I have concluded that Ms. Kagan should be confirmed to our nation's highest court," Collins said in the statement.

Sens. Lindsey Graham, R-S.C., and Richard Lugar, R-Ind., have also announced support for Kagan's confirmation, which appears assured in a vote expected in the first week of August.

"In previous posts, Ms. Kagan has taken positions that I oppose," Collins said. "It appears that her personal opinion on gun rights is at odds with my own views. Nonetheless, Ms. Kagan indicated in her testimony before the Judiciary Committee that she would follow the precedent established in the Heller and McDonald cases, describing those decisions as 'settled law.' These cases clearly establish that the right to bear arms is an individual right guaranteed by the Constitution."

Senate Republican Conference Chairman Lamar Alexander said today that he will vote against confirming Elena Kagan to the Supreme Court because of her decision to limit military recruiters' access to students as dean of Harvard Law School.

"I remain deeply troubled by her aggressive opposition to allowing military recruiters the same access to Harvard Law School as other prospective employers," Alexander said in a statement.

Alexander's position was in question because, while most of his conference is set to oppose Kagan, the Tennessee senator last year voted to confirm Sonia Sotomayor to the high court, citing her qualifications. But Alexander, who also voted against confirming Kagan as solicitor general, said the Harvard recruiting issue factored heavily because Kagan has no judicial record.

Kagan, an opponent of the "Don't Ask, Don't Tell" policy on gays in the military, told the Senate Judiciary Committee she tried to balance Harvard's anti-discrimination policy with a law requiring full access for military recruiters by preventing their use of the school's career services office but allowing them to meet students elsewhere. The Senate is set to vote on her nomination in August.

The Senate Judiciary Committee approved Elena Kagan's Supreme Court nomination today, 13-6, clearing the way for debate and a vote in the full Senate. Lindsey Graham of South Carolina was the only Republican to join the panel's 12 Democrats in voting yes.

Read Hotline On Call for more and an updated whip count.

Hotline On Call's latest whip count for shows Sen. Arlen Specter, D-Pa., prepared to vote yes on Elena Kagan's nomination despite voting against her confirmation as solicitor general last year. Read more here.