Kagan on the Road to Confirmation

The Supreme Court confirmation hearings for Elena Kagan, President Obama's second nominee to the bench in his term, are on the fast track to completion. After a third day of debate with the candidate, the senators are now moving to outside testifiers, and could confirm Ms. Kagan soon.

In comparison to the Sonia Sotomayor hearings, Ms. Kagan's hearings seem to be moving quickly, which is due in part to the recent passing of Senator Robert Byrd (D-WV). Many Senators also exited halfway through Wednesday's testimony in order to vote in the confirmation hearings for General David Petraeus. However, this schedule has not prevented lawmakers from both sides of the aisle from asking her tough questions, which have left Kagan's feathers generally unruffled.

There was more partisan debate on Wednesday than on the first day, with both parties using the hearings to voice their agendas. Sen. Orrin Hatch (R-UT) questioned Ms. Kagan on her opinions concerning partial-birth abortion, a topic on which she advised the Clinton White House. Sen. Hatch, who is opposed to the practice in all forms, felt that memos she drafted during that administration were troublesome, and, according to Fox News, her statements in the hearings differed from her past actions. While Fox News felt that her responses to these questions were not as poised as usual, The New York Times felt that any attempts by the Republicans to rattle her were unsuccessful.

Sen. Jeff Sessions (R-AL) again brought up the Solomon Amendment, and her tenure as Harvard Law Dean. The Solomon Amendment bans federal funding for universities and colleges that prohibit military recruiters from recruiting on campus, something Ms. Kagan did as Dean of Harvard Law. She argues that the military's controversial "Don't Ask, Don't Tell" policy conflicted with Harvard's anti-discrimination policy, and that, while recruiters were not allowed to use campus career services, they were allowed to use other channels to access students. Additionally, once she was informed that her actions were outside the law, she complied.

Ms. Kagan also confronted Democrats during her hearings on Wednesday. Sen. Al Franken (D-MN), the newest member of the committee, used attacks against Chief Justice John Roberts as a way of gauging Ms. Kagan's potential judicial style. Sen. Franken feels that Chief Justice Roberts, a George W. Bush appointment, "legislates from the bench," which Sen. Franken feels is overstepping his duties. While Ms. Kagan has previously stated that she will respect constitutional checks and balances, she defended Chief Justice Roberts' choice to decide cases "narrowly."

The questions from Sen. Sheldon Whitehouse (D-RI) concerning bipartisanship, a major concern to any legislator confirming Supreme Court nominees, served to set the general tone for Ms. Kagan's responses. During these three days of debate and testimony from Ms. Kagan, she has answered each and every question as non-confrontationally as possible. This lent to both a relaxed atmosphere in the chamber, at least for a confirmation hearing, but also frustrated the legislators. During Sen. Arlen Specter's (D-PA) questioning, Ms. Kagan refused to answer some questions because she was working on the cases as Solicitor General, the job she will return to if not confirmed. Sen. Specter was highly annoyed by this, and her ability to answer a question and not answer it simultaneously.

However, despite any annoyance or disagreement from some of the senators on the Judicial Committee, according to NPR's Carrie Johnson, even the Republican leadership believes Ms. Kagan will be confirmed. Ms. Kagan's testimony was completed on this third day, allowing outside testimony to begin on Thursday.

"First Read - Live Blogging Kagan, Day 3," MSNBC.

"SCOTUSBlog - General Kagan Confirmation Hearings, Day 3," SCOTUSblog.

Sheryl Gay Stolberg and Charlie Savage, "Republicans Press Kagan on Social Issues," New York Times.

"Kagan Defends Revising Medical Group's Statement on Partial Birth Abortion," FOX News.

Carrie Johnson, "After Testimony, Kagan Appears Headed for Court," NPR.