Kagan Confirmation. The Senate confirmed President Obama’s nomination of Elena Kagan to be an Associate Justice of the U.S. Supreme Court on August 5, 2010 by a vote of 63-37 (Roll Call 229).
We have assigned pluses to the nays because Kagan is not committed to adhering to the original intent of the Constitution in her judicial decisions. Instead, her public record indicates that she is a legal positivist who will interpret law based on her own ideological bent and effectively revise and rewrite law by judicial fiat.
