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Sam Stein
Kagan Causing Friction Between GOP And Its Base
First Posted: 06-28-10 04:08 PM | Updated: 06-28-10 04:08 PM
As the formal stages begin for the confirmation for Supreme Court nominee Elena Kagan, the most noteworthy element seems to be the potential for friction between conservative activists looking for a fight and the elected GOP.
Hours after lecturing Kagan on the pitfalls of judicial activism and the shortcomings of her record, Sen. Orrin Hatch (R-Utah) told MSNBC that he didn't think a filibuster is forthcoming.
"The only people who have ever used a filibuster were the Democrats and, by the way, President Obama participated in filibustering judges," he said. "And I have to say that I don't know of any Democrat who really wants to filibuster this nominee and I personally don't believe that judges should be filibustered. But be that as it may, I would be surprised if anybody even talked about filibustering very often on the Republican side. The only ones that have really done that were Democrats, including the president."
This seems to be the conventional take on the nomination process. Kagan has been criticized at length for her scant written record and the dearth of substantive explanations for her jurisprudence. But the flip side of that coin is that there is remarkably little on which the GOP can attack her nomination.
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http://www.huffingtonpost.com/2010/06/28/kagan-causing-friction-be_n_628240.html