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Guess Who's Opposing Kagan? Endangered Republican Incumbents


(Clockwise, from top left) Senators Johnny Isakson (R-GA), John McCain (R-AZ), Robert Bennett (R-UT), Orrin Hatch (R-UT), Lisa Murkowski (R-AK) and Mitch McConnell (R-KY).

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Can you guess why eight Republican senators -- including one who backed her for solicitor general -- are opposing Elena Kagan's nomination to the Supreme Court? In the year of the tea party, it's perhaps not so hard to figure out. Most of them are facing, have faced or might eventually face voters who think that they aren't conservative enough.

Sens. Jim DeMint (R-SC) and James Inhofe (R-OK), both of whom announced their opposition already, were probably always going to vote against Kagan anyway. But the other senators who have made their disapproval public have, at times, been considered of a more moderate persuasion. Sens. Johnny Isakson (R-GA), John McCain (R-AZ), Robert Bennett (R-UT), Orrin Hatch (R-UT), Mitch McConnell (R-KY) and Lisa Murkowski (R-AK) have something in common besides their already announced "No" votes on Kagan -- political targets on their back.

Kagan was confirmed as solicitor general in March 2009 on a 61-31 vote, with all of the "Nos" coming from Republicans. That vote makes Hatch the most surprising of the Kagan opponents, since he supported her nomination to the solicitor general job last year. But Hatch saw what happened to his fellow Utah senator Bennett, who lost his seat in a brutal ousting last month, and doesn't want to face the same fate in 2012. That's likely one reason he made TPM's list of the toughest Kagan questioners.

Murkowski is next on the so-called "RINO" target list of the tea partiers. Her rival in the Aug. 24 primary, former federal Magistrate Judge Joe Miller, has been boosted by tea party activists and endorsed by former Alaska Gov. Sarah Palin. Backing Kagan wouldn't likely to help Murkowski win over the Republican base in the weeks before she faces them on the ballot.

McCain faces former Rep. J.D. Hayworth in a primary next month. Although McCain appaears to be safe, he has been moving to the right ever since losing the presidential race.

Isakson, who also seems to be holding strong in his reelection fight, said he opposes Kagan because of the military recruiting ban at Harvard during her tenure and her "lack of appellate trial experience."

McConnell, the minority leader in the Senate, has seen his popularity tank in his home state in recent months. That probably wasn't helped by McConnell backing Rand Paul's opponent Trey Grayson in the GOP primary this year, but the minority leader won't appear on the ballot in his home state until 2014.

The seven Republicans who supported Kagan for solicitor general are: Hatch, Sen. Tom Coburn (R-OK), Sen. Susan Collins (R-ME), Sen. Judd Gregg (R-NH), Sen. Jon Kyl (R-AZ), Sen. Dick Lugar (R-IN) and Sen. Olympia Snowe (R-ME). Kyl and Coburn are both on the Judiciary Committee and subjected Kagan to some harsh questioning but have not yet announced whether they will vote for her.

The New York Times made a nifty infographic you can check out here which will allow people to track how the senators plan to vote and their records on both Kagan for solicitor general and Sonia Sotomayor's nomination. Here's another site detailing senators' statements on Kagan.

We're still closely watching Sen. Lindsey Graham (R-SC), a key bipartisan player in the Senate who has been targeted by conservatives in his home state. He even dissed the tea party movement in a recent New York Times magazine profile. And, on the Democratic side, Sen. Arlen Specter's vote is still a big question mark. He opposed Kagan in 2009 when he was still a Republican, and he lost his Senate seat this year in a primary.

Late Update: The tally went up to nine Thursday afternoon when Sen. Mike Johanns announced his opposition. Johanns (R-NE) is a conservative so this vote isn't unexpected.

Comments (12) | Join the Conversation!

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July 8, 2010 3:31 PM   

these intellectual gnats represent the GOP Klan!

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July 8, 2010 3:36 PM   

Profiles in Courage.

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July 8, 2010 4:09 PM   

It's telling to me which incumbents are on a more stable footing.

When it's a Republican, they run to their base of nut jobs, which means donning a Confederate flag and denouncing everything short of the second amendment.

When it's a Dem in trouble, do they go to their liberal base? No they go towards the center... which is probably logical since that's where they believe the independent vote is.

Now which strategy is more sound? I have no idea in this Tea Party crazed political environment. But, it sure seems the only choice for liberal Dems are centrist and RINOs....

I think if Reagan was alive and running today, he'd be considered a RINO.

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July 8, 2010 4:43 PM   

Herbert Hoover, Dwight Eisenhower, Richard Nixon, Gerald Ford, Ronald Reagan and George H. W. Bush would all be banned from todays republican party (as would Goldwater). The problem is they can't even make it through their primary if they don't act completely insane.

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July 8, 2010 7:19 PM    in reply to Dave

Which will put a harsh spotlight on Graham when his term comes up and Ole Jellyspine veers hard right as soon as the Wingnuts yank his chain or a partisan stand is demanded by the Windbags. He's a McLame Maverick. All bullshit all the time.

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July 8, 2010 4:54 PM   

The GOP is so stressed out over the midterm elections and their desire to win back a majority that they've gone from the "party of no" to the "party of anything goes for attention."

... apologizing to BP, invoking second amendment rights for political bargaining ... it just doesn't stop. Hopefully, I'm not the only one who finds it laughable.

Link: Desperately Seeking Sanity in the GOP

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July 8, 2010 7:02 PM   

Hatch and Bennett can't stand that Kagan is being appointed by a DEM President, but what's even worse for these two patriarchal old school Mormons is that she is a woman. Hatch has wanted to be on the Supremes since before Clarence Thomas was seated, now another woman. Almost more that he can take.

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July 8, 2010 7:40 PM   

Wow...there are endangered GOP Senators? How come they never get mentioned amid all the coverage of congressional races, hmmmmm?

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July 8, 2010 8:31 PM   

McCain has further distanced himself from whatever principles he may have had to tack to the right as goofball talk show and scam shill J.D. Hayworth is breathing down his neck.

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July 8, 2010 8:59 PM   

I'm shocked, shocked at this turn of events!

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July 9, 2010 6:00 AM   

i got 2 words WHO CARES !!

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July 9, 2010 7:31 AM   

Its all about keeping your job in a down economy, not leadership. After all what would these rich thugs do if they lost their senate seats. McCain goes to a retirement home, Murcowski goes back to work for an oil company, Hatch goes back to scaring small children and Mitch McConnell can come out of the closet

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