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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