Graham Supports Kagan Nomination; Says Obama Chose "Wisely"

By: Stephanie Condon
Topics: Supreme Court

(Credit: CBS/ Chris Usher)

Claiming to have an obligation to honor President Obama's choice for a new Supreme Court justice -- so long as she is qualified -- Sen. Lindsey Graham of South Carolina today joined Democrats on the Senate Judiciary Committee in approving Elena Kagan's nomination to the court.

Graham was the only Republican in the committee to support Kagan, but his single vote ensures that Democrats will have the 60 votes necessary to overcome a potential Republican filibuster of the nomination.

The senator made clear he disagrees with Kagan on a number of issues, such as the legal soundness of the "don't ask, don't tell" law, which prohibits openly gay men and women from serving in the military. Kagan has said unequivocally she opposes the law. However, Graham said the Constitution calls for him "not to think of the 100 reasons I would pick somebody differently."

"I could give you 100 reasons on why I could vote 'no.' No one spent more time trying to beat President Obama than I did, except maybe Sen. McCain," Graham said. "But I understood we lost."

Kagan, currently Mr. Obama's solicitor general, has proven that she has a good character and understands the difference between serving as a politician versus serving as a judge, Graham said. President Obama chose "wisely" in his nomination, he added.

CBSNews.com Special Report: Elena Kagan

Graham acknowledged the political risk Republicans faced, especially in a midterm election year, by supporting the president's nominee.

"How do you stay within keeping your job and honoring the fact that the people have spoken?" he asked.

Many other Republicans cited the actions Kagan took as dean of Harvard Law School to oppose "don't ask don't tell" as part of the reason for their opposition to her nomination. While Kagan was dean, military recruiters had limited access to the law school campus because, Kagan said, the "don't ask don't tell" law conflicted with the school's non-discrimination policy.

Graham said that "at the end of the day, this Harvard Law School exercise said more about Harvard than about the military." He said he believes Kagan is a "loyal American" with as much commitment and respect for the military as anyone else.

Stephanie Condon
Stephanie Condon is a political reporter for CBSNews.com.
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by curtisneeley July 24, 2010 4:46 PM EDT: Law is either applied either logically or wrong. When I argue before her regarding 5:09-cv-05151 that is all I hope for her to do.

Why is any judge ever thought to be able to create new law?
Google announced a "copyright" law alternative created by Judge Denny Chin in New York?
I reject that claim.

Supreme Court Justices who write law are subject to impeachment just like President's are.
America exists because of rejecting rule of a King!; Reply to this comment

by kansas1946 July 20, 2010 3:37 PM EDT

Not a Lindsey Graham fan, but I salute him for his statesmanship on this one. I haven't seen any statesmanlike behavior from a Republican since Reagan, so it is nice to see it raise its lovely head again.

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by velma179 July 20, 2010 5:05 PM EDT: I agree.

Our country would have a much better chance of regaining our internal strength if our "leaders" weren't so busy getting elected -- but rather doing what we ask them to do.

(The "we" to pay attention to in America is the majority of folks who took their rights and reponsibilities seriously and VOTED... not the ones who answered the phone and gave their opinions!)