Looking Good for Kagan

On Monday, I suggested that the military recruiters/Solomon amendment issue had the potential to cause problems for Kagan’s nomination because of the hot-button issues it evokes — support for the military and gay rights. The issue has not gained significant momentum among Republicans, which is, of course, a positive sign for Kagan going forward. As Tom Goldstein noted yesterday:

Three days into the nomination, not much has changed.  No Democrat has opposed Elena Kagan; no Republican has endorsed her.  No Senator or serious commentator has suggested that she won’t be confirmed, or that the nomination should or would be filibustered.

Moreover, in yesterday’s The Caucus (New York Times), Carl Hulse reports on positive impressions of Kagan from two key Republican senators — Scott Brown and Susan Collins. Regarding the military recruiters flap, Brown stated (quoting from Hulse’s article), “It was very clear to me after we spoke about it at length that she is very supportive of the men and women who are fighting to protect us and very supportive of the military as whole. I do not feel that her judicial philosophy will be hurting our men and women who are serving.”

Senator Collins also spoke highly of Kagan and suggested that the chances of a Republican filibuster would be low. Collins specifically invoked the “extraordinary circumstances” standard for filibustering judicial nominees that was brokered by the Gang of 14 a few years back, stating, “At this point, I do not see the extraordinary circumstances that I use as a standard to determine whether to filibuster a nominee.”

With these remarks from two key Republican senators, you would have to think that Republicans will likely leave the Kagan nomination alone. There is always the possibility that another issue will arise or that existing potential problems will gain traction with Republicans. But given the lack of “buzz” over controversial issues in elite discourse, things are looking good for Kagan.

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