Senate Confirms Kagan as 112th Justice

Published August 5, 2010

WASHINGTON (AP) — The U.S. Senate has confirmed Elena Kagan as the 112th justice and fourth woman to serve on the Supreme Court.

The vote was 63-37 for President Barack Obama's nominee to succeed retired Justice John Paul Stevens.

Kagan is not expected to alter the ideological balance of the court, where Stevens was considered a leader of the liberals who confront a usually conservative majority.

But the two parties clashed over her nomination. Republicans argued that Kagan was a political liberal who would be unable to be impartial. Democrats defended her as a highly qualified legal scholar.

She is the first Supreme Court nominee in nearly 40 years with no experience as a judge, and her swearing-in will mark the first time in history that three women will serve together on the nine-member court, where justices over serve for life.

Five Republicans joined all but one Democrat and the Senate's two independents to support Kagan. In a rarely practiced ritual reserved for the most historic votes, senators sat at their desks and stood to cast their votes with "ayes" and "nays."

Her lack of judicial experience was the stated reason for one fence-sitting Republican, Sen. Scott Brown, to announce his opposition to her confirmation Thursday, just hours before the vote.

Though calling her "brilliant," Brown — who had been seen as a potential Republican supporter — said she was missing the necessary background to serve as a justice.

Written by <P>JULIE HIRSCHFELD DAVIS,Associated Press Writer</P>

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