Cornyn Predicts Kagan Will Get Judiciary’s Nod, But Not His

During a conference call with reporters today, Sen. John Cornyn (R-Texas) said he would vote against Supreme Court nominee Elena Kagan’s confirmation when the Senate Judiciary Committee considers her next week.

“I don’t believe that any nominee should be confirmed to the Supreme Court unless he or she has made clear that they will protect the fundamental rights written in our Constitution, and will not abuse judicial power to impose their own policy standards on the American people,” he told reporters from the Dallas Morning News and other publications.

He is the second Republican on the committee to publicly announce his vote against Kagan — Orrin Hatch of Utah announced his opposition in a statement on July 2. Cornyn’s announcement is hardly a surprise, as he had attacked Kagan on her judicial philosophy and her association with former Justice Thurgood Marshall, whom he called “a judicial activist.”

But even as Cornyn voiced his concerns about Kagan, he acknowledged the Judiciary Committee and a majority of members in the full Senate would vote for her. There are 12 Democrats and seven Republicans on the committee. Kagan needs 60 votes to prevent a filibuster and a bare majority to be confirmed by the full Senate.

“My guess is that she will receive the minimum number of votes in order to be confirmed,” he said.