GOP Apparently Lacks the 'Will' to Stop Kagan Nomination

With time running out to block U.S. Supreme Court nominee Elena Kagan, Republicans appear increasingly divided over whether they have a realistic shot at stopping her confirmation.

Many Republicans say confidentially that it's doubtful even a full-court press by the National Rifle Association and a GOP filibuster could derail Kagan. The Senate Judiciary Committee is expected to approve the nomination Tuesday and send it to the full Senate for a vote.

Curt Levey, executive director of the conservative Committee for Justice organization, says it probably isn't realistic to expect a GOP filibuster.

Levey expects that four to five GOP senators ultimately will vote to confirm her nomination, despite reservations about her lack of trial experience, her views on partial-birth abortion, and her opposition to on-campus military recruitment at Harvard because of the don't ask, don't tell policy on gay armed services personnel.

Republicans in the Senate, Levey says, appear to lack the will to torpedo Kagan.

"They're not sure what the end game is," Levey says. "They're not going to defeat her, so their feeling is 'Let's just get it over with.' I think if properly played, you could score a lot of political points with it. But I just don't see the will there."

The best and perhaps only chance Republicans have of stopping Kagan stems from the NRA's decision last week to score the vote on the nomination.

The NRA says Kagan has failed to demonstrate adequate support for the Second Amendment right to bear arms. The association will mark down any senator who sides with Kagan.

Rick Manning, a former NRA lobbyist who is communications director for the libertarian-leaning Americans for Limited Government organization, says nine Democratic senators are from states whose electorates strongly support the right to bear arms who may have to choose between keeping their coveted "A" rating from the NRA or voting for Kagan.

They include Sens. Harry Reid of Nevada, Max Baucus of Montana, Mark Begich of Alaska, Robert Casey of Pennsylvania, Tim Johnson of South Dakota, Ben Nelson of Nebraska, Jon Tester of Montana, Mark Warner of Virginia, and Jim Webb of Virginia.

Those senators are no doubt hoping Republicans opt not to filibuster the nomination, a decision that largely rests in the hands of Senate Minority Leader Mitch McConnell, R-Ky.

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[Regardless of any other history, any GOP senator who rolls over on this vote should be thrown out in their next election. There's no excuse for lacking the 'will' to do what's right.-- Editor]