Editore"s Note
Tilting at Windmills

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July 31, 2010

HALF NELSON.... Yesterday, Sen. Judd Gregg (R) of New Hampshire announced his support for Elena Kagan's Supreme Court nomination, bringing the total number of Republicans backing confirmation to five (and counting). For Democrats who might be looking for bipartisan cover, there's plenty here.

But for Sen. Ben Nelson (D-Neb.), it's apparently not good enough.

Senator Ben Nelson of Nebraska announced Friday that he will not vote to confirm Elena Kagan to the Supreme Court, becoming the first Democrat to oppose the president's nominee.

"I have 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," he said in a statement. "Therefore, I will not vote to confirm Ms. Kagan's nomination."

But Mr. Nelson said that he would not join Republicans if they attempt a filibuster.

"In my view, this nominee deserves an up or down vote in the Senate."

Yes, let's all marvel at Nelson's graciousness.

This is all rather hard to believe. It seems unlikely Nelson's office lines have been burning up with anti-Kagan calls, and even if the senator has heard from some constituents on this, he should probably realize that organized right-wing activists aren't going to vote for him anyway, so there's no real point trying to impress them.

But note the specific rationale -- Nelson's heard from opponents of the Kagan nomination, which he's struggled with because of her inexperience as a judge. I'm not even sure what this means, exactly. He would "discount" far-right complaints if Kagan had been a judge? What does one have to do with the other?

For the record, the "lack of a judicial record" canard is still weak.

Kagan's legal experience is comparable to that of conservative justices, and experts agree that she is qualified for the Supreme Court. The American Bar Association gave Kagan its highest rating: well qualified. Justice Antonin Scalia reportedly said that he was "happy to see that this latest nominee" is "not a judge at all." Retired Justice Sandra Day O'Connor said it didn't matter that Kagan had not been a judge. In addition, other legal experts and prominent conservatives reject claims that Kagan isn't qualified. At least 38 justices -- including two of the past four chief justices -- had no judicial experience when they were first nominated for the Supreme Court. And Kagan's legal experience is comparable to that of several recent conservative justices at the time of their nominations: William Rehnquist, Clarence Thomas, and John Roberts.

The Kagan confirmation vote will likely occur on Tuesday. Whether Nelson will switch parties won't be clear until January.

Steve Benen 8:00 AM Permalink | Trackbacks | Comments (18)

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Comments

I have always considered Nelson to be a republican plant.
After the Charlie Rangel complaint, I understand they are going after Maxine Waters (another member of the black caucus) because a bank that her husband once held stock in was helped by the bank bailout.
This could lead us to look at Cantor for one who's wife worked for a bank that got a bailout and I am sure there are many in the congress who hold stock in oil companies and health care companies that voted on legislation regarding these companies, it would be interesting to see who owns what and how they voted!
Also, who in the congress accepts farm subsidies.

Posted by: js on July 31, 2010 at 8:10 AM | PERMALINK

Why does the performance of public service call out our least qualified personalities . These self aggrandizing wizards of id preen with the sacred hubris of the holy idiot .
There has to be a man standing in the history of this golems shadow . Despite how irrelevant that past is now I still would like to know what once had to be a boy , or a man . Then it would be instructive to learn from the steps he took for his disassociation from the facts , the people , and into the dark of his own interest .

Posted by: FRP on July 31, 2010 at 8:13 AM | PERMALINK

Nelson is a dope. Most Congressmen and Senators are of pretty average brainpower, but as his television appearances make clear, Nelson is sadly dim.
Nelson is also frightened. He is up for re-election in 2012 and has managed to alienate both the Democratic base, which is a minority in Nebraska, and everybody else there through his waffling and self-dealing in the health care debate.
When a frightened stupid person starts making decisions, they are seldom good ones.

Posted by: JMG on July 31, 2010 at 8:19 AM | PERMALINK

I never understand how people like Nelson get into or stay in office. If you want a Republican senator why not just vote for one who calls himself that instead of a stealth republican.

Posted by: gelfling545 on July 31, 2010 at 8:20 AM | PERMALINK

Considering how many preening, opportunistic, narcissistic, spineless assholes there are in the Senate and the House, you really have to give Pres. Obama credit for getting anything passed.

Posted by: rob on July 31, 2010 at 8:23 AM | PERMALINK

Nelsen is either not running for reelection or is switching parties - that's been clear for awhile.

Posted by: DougMN on July 31, 2010 at 8:36 AM | PERMALINK

Someone remind me. Why is Nelson a Democrat?

Posted by: SW on July 31, 2010 at 9:40 AM | PERMALINK

Nelson needs a good, swift kick in the nuts and then be kicked out of the Democratic Caucus.

Posted by: Dr. Morpheus on July 31, 2010 at 10:16 AM | PERMALINK
For the record, the "lack of a judicial record" canard is still weak.
Tell that to the good folks at Lawyers, Guns and Money, who have been banging away at it, and other things for months. Why they -- no wingnuts, to be sure -- have chosen this hill to die on mystifies me.... Posted by: Davis X. Machina on July 31, 2010 at 11:12 AM | PERMALINK

Gregg's chosen successor, Kelly Ayotte, who is scrambling to the right as fast as any R with a primary this year, would NOT vote for Kagan. http://www.ayotteforsenate.com/ayotte-statement-supreme-court-nomination

But at least she is no longer letting Sarah Palin, who endorsed her, be the full-face candidate on her website, while Kelly is shown almost with her back to us.

She is leading the large contingent of Rs in the primary. The winner will fight it out with Paul Hodes.

Posted by: bloomingpol on July 31, 2010 at 11:41 AM | PERMALINK

if memory serves the senate wouldn't bring clinton's nomination of kagan for the federal bench to the floor for a vote...that might have just a bit to do with her lack of judical experience....

Posted by: dj spellchecka on July 31, 2010 at 11:48 AM | PERMALINK

davis x machina, let's give lawyers, guns, and money credit here: given that morons like ben nelson will find excuses to oppose the likes of kagan anyhow, why shouldn't obama have been bolder?

to return to nelson: he's certainly among the stupidest members of the senate, and that takes some work....

Posted by: howard on July 31, 2010 at 12:24 PM | PERMALINK

I never understand how people like Nelson get into or stay in office. If you want a Republican senator why not just vote for one who calls himself that instead of a stealth republican.

Posted by: gelfling545

He brings home the bacon here in Nebraska. Farm subsidies, highway money, defense contracts for Offutt, and generally anything else that those "concerned Nebraskans" (in other words, ConAgra, Kiewit, etc.,,) are wanting.

Not to mention the fact that of outside of Chuck Hagel (who Nelson lost to for Senate in 1996), Nelson's GOP opponents since 1990 has been either subpar (i.e., Kay Orr) to downright stupid (i.e., Pete Ricketts). So he does't have to put up much of a fight during election time.

The only reason Nelson is playing this silly game is because, just like with HCR, he's telling Reid "Hey, what's in it for me?"

Posted by: 2Manchu on July 31, 2010 at 1:05 PM | PERMALINK

I don't want to seem to be defending the Hon. Sen., but this vote is really a no lose for him: Progressives just aren't jazzed enough to care, and a there probably is a fair sized contingent of NE voters who either are or could easily be persuaded with a 30 second ad to believe the nominee is a threat to the union. Most voters are so low information, that they probably couldn't tell a pollster how many justices there are, let alone who any particular nominee was. The remainder who care aren't voting for the man in any event.

Posted by: jhm on July 31, 2010 at 1:44 PM | PERMALINK

Sorry if I sound like a cynic but to me this is just Nelson playing defense. He first makes sure Kagan is going to be confirmed, waits to see that Repubs are committed to voting yes, tells everyone he won't filibuster but will vote no. As such Kagan gets confirmed and Nelson gets inoculated against attacks by some right wing loon Palin neadercon opponent. This is really no big deal. From Nelson's perspective it is win-win.

Posted by: latim on July 31, 2010 at 2:27 PM | PERMALINK

It would be typical of Nelson to look at the numbers after the elections this year and 2012. If the GOP ends up with 50 or more (won't happen, but if), then he'll shift parties. If not, he won't. Thus the lowest-risk strategy.

Posted by: efgoldman on July 31, 2010 at 5:33 PM | PERMALINK

Isn't it more properly Halfwit Nelson?

Posted by: TCinLA on July 31, 2010 at 10:09 PM | PERMALINK

As long as Nelson stays in the Democratic Party, his seat is secure. No other Democrat is going to be nominated from Nebraska this century, so the always practical minions of the Netroots won't consider primarying him from the left. Meanwhile, the high Broderites will fawn over him as the embodiment of all that is good and holy in Centrism, and he'll get all the face time with Dancin' Dave that he wants.

If, on the other hand, he switches parties, the tea partiers will primary him out on his ear the first chance they get. He'd have to be an idiot to take a risk like that.

So, yeah, a party switch is a pretty strong possibility.

Posted by: nicteis on August 1, 2010 at 10:33 PM | PERMALINK




 

 

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