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Elena Kagan is speeding toward confirmation as
the 112th Supreme Court justice, with Republicans showing little
appetite for a long-shot filibuster attempt after sparring with her
over abortion, gays in the military and other divisive issues.


      "Solicitor General Kagan will be confirmed," Sen. Patrick
Leahy, D-Vt., confidently predicted as the Senate Judiciary
Committee wrapped up its examination of President Barack Obama's
high court pick.


      Barring an unexpected turn, Kagan will succeed retiring Justice
John Paul Stevens and become the fourth female justice in the
Supreme Court's history. It would be the first time that three of
the court's nine justices were women.


      Sen. Jon Kyl of Arizona, the Senate's No. 2 Republican, called a
filibuster of Kagan "highly unlikely." And asked outright whether
Kagan was going to win confirmation, another Judiciary Committee
Republican, Sen. John Cornyn of Texas, replied, "I assume she will
be."


      Kagan, 50, spent her last day before the committee Wednesday
trying to reassure conservatives that she would be able to separate
her personal and political views from a job as a justice on the
ideologically split Supreme Court.


      "Every judge has to do what he or she thinks the law
requires," she said. "But on the other hand, there's no question
that the court is served best and our country is served best when
people trust the court as an entirely nonpolitical body."


      She later added: "As a judge, you are on nobody's team. As a
judge, you are an independent actor."


      Republicans still weren't convinced, although her confirmation
would not change the composition of the court of four liberals,
four conservatives and swing vote Justice Anthony Kennedy.


      But Sen. Jeff Sessions of Alabama, the top Judiciary Committee
Republican, said Kagan's careful answers during the hearings had
made it difficult to determine whether she would be more like John
Roberts or Ruth Bader Ginsburg, referring to the conservative chief
justice and to President Bill Clinton's nominee to the high court,
regarded as part of the court's liberal wing.


      Democrats hope Kagan will be more like Stevens, known as a
strong liberal voice who was able to swing high court votes his
way. However, Kagan's writings in support of the power of the
executive branch and her service in the Clinton and Obama
administrations could lead her to side more often with the
president than Stevens did.


      Kagan, prompted by Democratic supporters on the Judiciary
Committee, bluntly denounced "results-oriented judging" - the
adjusting of judicial reasoning to fit a preconceived conclusion.
But she refused to join them in applying the criticism to the
current court under Roberts.

      "I'm sure that everybody up there is acting in good faith,"
she said.


      Senators finished their public questioning of Kagan on
Wednesday, but the confirmation hearing will not wrap until late
Thursday with testimony from outside witnesses. The delay is
because of planned Senate tributes to the late Sen. Robert C. Byrd,
D-W.Va., whose body will lie in repose in the Senate chamber.


      Once the public witnesses finish, Leahy will set a confirmation
vote for Kagan in the full Judiciary Committee, where Democrats
hold a 12-7 advantage over the Republicans.


      The full Senate, where Democrats control 58 votes to the
Republicans' 41, is likely to confirm the nomination before leaving
for its August recess.


      Republicans who are expected to oppose - but not block - Kagan's
appointment even gave her some words of praise at the end.


      "I think you've acquitted yourself very well for the last
several days," Sen. Lindsey Graham, R-S.C., said.
      

Gallery

Franken, Klobuchar, take their turns at Kagan hearing

Politics and Government News

Elena Kagan is speeding toward confirmation as
the 112th Supreme Court justice, with Republicans showing little
appetite for a long-shot filibuster attempt after sparring with her
over abortion, gays in the military and other divisive issues.


Kagan on way to Supreme Court confirmation

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