Updated 08/05/2010 11:21 PM
Senate Confirms Kagan As 112th Justice Of Supreme Court
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After three days of debate, the United States Senate voted Thursday afternoon on New Yorker Elena Kagan's nomination to the Supreme Court.
Her nomination passed 63-37.
It will now go before President Barack Obama. She could be sworn in within days.
Kagan, who was born and raised on the Upper West Side, will become the fourth woman ever on the Supreme Court and it will mark the first time three women have served on the court at the same time.
There will also be four New Yorkers serving on the nation's highest court.
"I think this is a great day. I happen to think that Elena Kagan is going to surprise people," said Senator Dianne Feinstein, a Democrat from California. "I think she's going to be a very fine associate justice."
Kagan's confirmation was all but assured, since she had the support of nearly all Democrats and five Republicans. Only one Democrat, Ben Nelson of Nebraska, voted against her.
Democrats have praised Kagan, saying she'd bring fairness to the court, while Republican opponents have criticized her as a political activist.
"When the court reconvenes in the fall, three women will serve together for the first time in history. That milestone, I might say, is long, long overdue," said Vermont Senator Patrick Leahy. "Elena Kagan's legal qualifications are unassailable. She earned her way to the top of the legal profession."
“She is practical. She is persuasive. She’s shown throughout her career her ability to out to both sides and bring them together,” said New York Senator Charles Schumer. “And I’m hopeful that she can prevent this judicial activism from the right from overwhelming the court. This term was a very, very unfortunate example of that.”
Speaking in Chicago, Obama hailed his nominee's confirmation, and said the Senate got a "pretty good look" at Kagan's skills.
Kagan is not expected to tip the ideological balance of the court as she replaces retiring Justice John Paul Stevens, who is considered to be a liberal. That means the court will retain what is generally considered a 5-4 conservative advantage.
Kagan attended Hunter College High School, before going on to become dean of Harvard Law School and U.S. solicitor general, her current position, where she argues on behalf of the federal government before the Supreme Court.
The vote comes almost exactly a year after Bronx-born Sonia Sotomayor was confirmed to the court. Sotomayor was confirmed a year ago Friday by a vote of 68-31.
Kagan was selected by the president on May 10. The Judiciary Committee sent her nomination to the Senate floor last month.