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Lindsey Graham: 'I Like' Elena Kagan, Which Might Hurt Her Chances

First Posted: 06/13/10 06:12 AM ET Updated: 05/25/11 05:10 PM ET

Graham Kagan

Scroll down for video of Sen. Lindsey Graham questioning Elena Kagan.

Sen. Lindsey Graham (R-S.C.), whose backing of Sonia Sotomayor during last summer's Supreme Court battle was a symbolic turning point for her confirmation, expressed support on Monday for a person atop the president's short list to be the next Supreme Court Justice.

"I like her," the South Carolina Republican said of Elena Kagan, the former Harvard Law School dean and current Solicitor General. "I liked her [during her solicitor general confirmation hearings]. I liked her answers."

Graham, who spoke to reporters on Capitol Hill, was referring to Kagan's positions on executive power, which she regards as relatively broad in scope. It's a position that already has civil libertarian groups skittish about the prospects for her ascending to the Supreme Court. And, in that sense, Graham recognized that an endorsement by a Republican Senator of her viewpoints could rankle this crowd even further.

Asked whether his comments in support of Kagan might actually hurt her prospects for being chosen by Obama, the Senator flashed a smile.

"I like her," he clarified. "It doesn't mean I'm going to vote for her. I believe she's liberal if that helps. I think she is a solid liberal person. Any nominee would be liberal... To suggest [Obama] wouldn't nominate a liberal would be breathtaking considering everything else he's done and who he is. But elections matter."

In making his remarks, Graham becomes at least the second Senate Republican to speak highly of Kagan's capacity for the bench. Senator Orrin Hatch (R-Utah), last May, called Kagan brilliant and someone who would cause difficult for Republicans should she be nominated (Obama would chose Sotomayor instead).

But Republicans weren't ready to rule out a contentious confirmation process should Kagan end up being chosen. Graham, himself, hinted as much.

"[The GOP base] is always interested in a fight... there are going to be people on the right and left who want a fight. There are going to be people who are gonna fight the fact that I like the person. So the best thing I could do to create a fight is to say I like them."

Watch video of Sen. Graham questioning Kagan at her confirmation hearings to be Solicitor General:


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Scroll down for video of Sen. Lindsey Graham questioning Elena Kagan. Sen. Lindsey Graham (R-S.C.), whose backing of Sonia Sotomayor during last summer's Supreme Court battle was a symbolic turning p...
Scroll down for video of Sen. Lindsey Graham questioning Elena Kagan. Sen. Lindsey Graham (R-S.C.), whose backing of Sonia Sotomayor during last summer's Supreme Court battle was a symbolic turning p...
 
 
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HUFFPOST SUPER USER
KayJay90
What in the world...?
01:05 PM on 05/10/2010
I understand the RNC and certain "conservative" bloggers have already begun the smear campaign against Elena Kagan.

If they have nothing else to seize on, I suppose they're going to complain about her first name being too ethnic ("why didn't her parents give her a good ol' red-white-and-blue name like Ellen???")
12:54 PM on 05/10/2010
That's pretty reasonable of Lindsey Graham. "Elections matter" - he clearly doesn't care about angering the TP'ers.
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HUFFPOST PUNDIT
Wallysmom
"I'm taking on stupid wherever it exists"
01:00 PM on 05/10/2010
Oddly, I'm starting to like the old girl....
12:21 PM on 05/10/2010
Hopefully she's clever enough to have left herself an out. Hopefully she considered an out! It's pretty clear that Graham and his party are intent on seeing the US do as they please when it comes to the rights of others. Hopefully there are enough Americans out there who will support her if she decides to remain true to the laws that have been established to protect prisoner and enemy combatant's rights. In truth I fear that even the Dem side is going to buckle and the US will head further down the road to Nazi tactics.

Of course it's not like we don't know that the object is to murder them before there ever gets to be a need for a trial. The world is not being fooled.
HUFFPOST SUPER USER
DocRockk
12:09 PM on 05/10/2010
Was there a question in there somewhere?

All I heard was Graham giving a speech for about 6 minutes.
11:27 AM on 05/10/2010
If one believes in the Constitution we are not legally at war. Article 1, section 8 clearly states that only Congress can declare war. As there is no existing declaration of war currently in effect, according to the U.S. Constitution we are not in a legal state of war. Using legal justifications based upon the existence of a "state of war" is completely unacceptable and unconstitutional until such time as Congress passes a Declaration of War. Any other laws passed by Congress authorizing military action, according to the Constitution, do not put our country in a "state of war."
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HUFFPOST SUPER USER
Joan Jacobs
01:03 PM on 05/10/2010
Sounds like the 60's all over again! We weren't in a war then - it was a police action (to which we sent soldiers - not police).

My little stroll down Memory Lane notwithstanding - I'm not sure what your comment has to do with whether or not Sen Graham likes the new Supreme Court nominee. Can you help me with that, please?
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HUFFPOST SUPER USER
patisok
11:22 AM on 05/10/2010
If they nominated Daffy Duck there would be a fight. GOP have withheld confirmation on many of Pres. Obama's nominees. they do it for the hell of it.
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HUFFPOST SUPER USER
Timma
nihil habentes omnia posidentes
11:20 AM on 05/10/2010
Obama's endorsement of Elena Kagan is shrewd and decisive in a good way.
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HUFFPOST SUPER USER
RonNYC
Ecommerce Professional
11:47 AM on 05/10/2010
Why?
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HUFFPOST PUNDIT
Wallysmom
"I'm taking on stupid wherever it exists"
12:57 PM on 05/10/2010
Because the Republicans praised her during the Solicitor General nomination, they will be hard pressed to fight her nomination to the Supreme Court. There will be a handful of tormented souls who want to make a statement and kick up the dust on this one, but few will want to eat their words. Also, she can out-think them in a heartbeat.
11:00 AM on 05/10/2010
Lindsay Graham should just switch parties, then come out of the closet.
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HUFFPOST SUPER USER
patisok
11:23 AM on 05/10/2010
yeah what is up with that....I am sure he is solidly GOP and gay or not who cares. Only the GOP. or Tea Party.
01:17 PM on 05/10/2010
come out of the closet?
don't think so ... He's a Bird Colonel in the Reserve.
He'd be "don't ask-don't tell-tattletaled" right on out the door, baby!
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HUFFPOST SUPER USER
Leniere Miley
Challenging conservatives with the truth
10:30 AM on 05/10/2010
God, who knew Ms. Lindsey Graham was such a talky talk? Kagan said like 5 words through out the whole video. She didn't "take on" anyone...
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HUFFPOST SUPER USER
jsrl317
Persuade me or prove me wrong, and I will change
11:19 AM on 05/10/2010
Well, he's a senator, and that is what they do...talk, talk, talk, talk, talk.
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HUFFPOST SUPER USER
vegetablelollipop
11:31 AM on 05/10/2010
It occurred to me that Professor Kagan sounds a little like Rosie O'Donnell--her inflection and the timbre of her voice...
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HUFFPOST SUPER USER
Middle Blue
What's a micro-bio?
10:07 AM on 05/10/2010
All this video shows is a senator talking to a camera.

Her big advantage is that she's smarter and better educated than those questioning her.

She's also very good on her feet, so I think she'll get to the SCOTUS.

And I think she'll do a good job.
HUFFPOST SUPER USER
tom90069
09:45 AM on 05/10/2010
here we go. get set for hours of grand standing
This user has chosen to opt out of the Badges program
09:44 AM on 05/10/2010
Blah, Blah, Blah.......but at least he understands that "...elections matter". He should explain that to his buddies on the right, if he has any remaining.
HUFFPOST SUPER USER
livefrmbrooklyn
Reality is a liberal conspiracy.
09:42 AM on 05/10/2010
Miss Lindsey just likes to hear himself talk.....
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HUFFPOST SUPER USER
missgramma2005
10:04 AM on 05/10/2010
HOMOPHOBE?
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HUFFPOST SUPER USER
mamapower
OBAMA*BIDEN*2012
10:20 AM on 05/10/2010
Are you thick?
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HUFFPOST SUPER USER
Joan Jacobs
01:10 PM on 05/10/2010
No question about it & flagged as abusive to boot. Thank you for pointing out the obvious.
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HUFFPOST SUPER USER
vegetablelollipop
11:34 AM on 05/10/2010
It's so retrograde to refer to a man with the female pronoun to put them down. It's just so old fashioned and stupid. Unless they are a drag queen (and female impersonation is a hallowed theatrical art), try referring to them as "he" or "him" even if you hate the dude. Homophobia and sexism are like so prehistoric, you know man. Even straight dudes today (cool ones) aren't homophobic or sexist, ok man...
12:22 PM on 05/10/2010
You haven't seen Ms. Lindsay with his high heels, nylon stockings, and panties have you.
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HUFFPOST SUPER USER
missgramma2005
09:32 AM on 05/10/2010
LYNDSEY GRAHAM: """""I like her," the South Carolina Republican said of Elena Kagan, the former Harvard Law School dean and current Solicitor General. "I liked her [during her solicitor general confirmation hearings]. I liked her answers."""""

I like Senator Graham and I am a Bernie Sanders fan. Hope that doesn't blow Grahams chances! Some posters are upset that Sen Graham spoke at length when asking his questions...UH DUH? How does one get to the heart of the matter without making ones question crystal clear? Some people are so critically sanctimonious!
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chaya
Another proud veteran
09:14 AM on 05/10/2010
Wow, thanks for this video. I got to hear Lindsey Graham pontificate for six minutes and Kagan say "I do indeed" every now and then.

Wow.