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		<title>Toomey&#8217;s Charm Offensive</title>
		<link>http://washingtonindependent.com/101838/toomeys-charm-offensive</link>
		<comments>http://washingtonindependent.com/101838/toomeys-charm-offensive#comments</comments>
		<pubDate>Wed, 27 Oct 2010 19:53:23 +0000</pubDate>
		<dc:creator>Jesse Zwick</dc:creator>
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		<category><![CDATA[Elections 2010]]></category>
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		<guid isPermaLink="false">http://washingtonindependent.com/?p=101838</guid>
		<description><![CDATA[<p>Former Rep. Pat Toomey (R-Pa.) <a href="http://blogs.cqpolitics.com/eyeon2010/2010/10/pat-toomey-plays-with-toddler.html">is at it again</a>, running an ad spot that will air through election day in Pennsylvania that&#8217;s so nice and upbeat that it doesn&#8217;t even mention his opponent Rep. Joe Sestak (D-Pa.). Instead, Toomey focuses mainly on the birth of his third child, telling viewers, <a href="http://washingtonindependent.com/101838/toomeys-charm-offensive" class="read_more">More...</a></p>]]></description>
			<content:encoded><![CDATA[<p>Former Rep. Pat Toomey (R-Pa.) <a href="http://blogs.cqpolitics.com/eyeon2010/2010/10/pat-toomey-plays-with-toddler.html">is at it again</a>, running an ad spot that will air through election day in Pennsylvania that&#8217;s so nice and upbeat that it doesn&#8217;t even mention his opponent Rep. Joe Sestak (D-Pa.). Instead, Toomey focuses mainly on the birth of his third child, telling viewers, &#8220;I approve this message because I know we can do better, and I have a pretty good reason for wanting to.&#8221;</p>
<p>It&#8217;s a style that differs radically from the ads currently running in a majority of Senate races, as well as many of the ones aired by outside groups in the state as well. As I <a href="http://washingtonindependent.com/101575/as-outside-money-flows-in-party-committees-lose-influence">wrote this week</a>, one of the unintended consequences of the surge in outside spending is that candidates can pledge to run clean campaigns while relying on other interests to do their dirty work for them. But it&#8217;s also <a href="http://washingtonindependent.com/99831/a-right-wing-candidate-dons-the-mask-of-moderation">a style that Pat Toomey excels at</a>, seizing the high ground in his elections at crucial moments in a way that distracts from some of his policy positions that may be too conservative for his constituents.<span id="more-101838"></span></p>
<p>Sestak won his Democratic primary in part on the back of a <a href="http://www.youtube.com/watch?v=x97DdZho11k">devastating ad</a> that depicted Sen. Arlen Specter (D-Pa.) as a cynic who switched parties to maintain his grasp on power. But when your opponent is lobbing softballs like this one, it&#8217;s at lot harder to paint him as a monster:</p>
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		<title>Sestak and Toomey Battle Over Who&#8217;s Moderate and Who&#8217;s Extreme</title>
		<link>http://washingtonindependent.com/99911/sestak-and-toomey-battle-over-whos-moderate-and-whos-extreme</link>
		<comments>http://washingtonindependent.com/99911/sestak-and-toomey-battle-over-whos-moderate-and-whos-extreme#comments</comments>
		<pubDate>Thu, 07 Oct 2010 13:32:20 +0000</pubDate>
		<dc:creator>Jesse Zwick</dc:creator>
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		<guid isPermaLink="false">http://washingtonindependent.com/?p=99911</guid>
		<description><![CDATA[<p>On the heels of <a href="http://washingtonindependent.com/99831/a-right-wing-candidate-dons-the-mask-of-moderation">my piece today about former Rep. Pat Toomey</a> (R) and his remarkable ability to project moderation when the facts say otherwise, both he and Rep. Joe Sestak (D) have new ads up on the airwaves today claiming they represent the middle of Pennsylvania politics, while <a href="http://washingtonindependent.com/99911/sestak-and-toomey-battle-over-whos-moderate-and-whos-extreme" class="read_more">More...</a></p>]]></description>
			<content:encoded><![CDATA[<p>On the heels of <a href="http://washingtonindependent.com/99831/a-right-wing-candidate-dons-the-mask-of-moderation">my piece today about former Rep. Pat Toomey</a> (R) and his remarkable ability to project moderation when the facts say otherwise, both he and Rep. Joe Sestak (D) have new ads up on the airwaves today claiming they represent the middle of Pennsylvania politics, while their opponent is way out in left (or right) field.</p>
<p><a href="http://link.email.washingtonpost.com/r/DME6KX/0G844M/TGOFS2/W5PYZW/JTWDY/E4/h" target="_blank">Sestak&#8217;s ad</a> links Toomey to former Sen. Rick Santorum (R-Pa.), who got voted out of office for his conservative views in 2006, and former Alaska Gov. Sarah Palin, whom Toomey once called &#8220;a spectacular governor.&#8221;</p>
<p>&#8220;My voting record is pretty hard to distinguish from Rick Santorum&#8217;s,&#8221; the ad features Toomey bragging, as well as another clip in which he says that he &#8221;would support legislation in Pennsylvania that would ban abortion.&#8221;<span id="more-99911"></span></p>
<p>Meanwhile, the Club for Growth, the conservative anti-tax organization that Toomey used to head, is doing the heavy hitting for him. It&#8217;s up with <a href="http://link.email.washingtonpost.com/r/DME6KX/0G844M/TGOFS2/W5PYZW/JTWDE/E4/h">an ad</a> that says Sestak is &#8220;laughably liberal.&#8221;</p>
<p>&#8220;Despite the recession, Sestak voted for that $700 billion Obama-Pelosi stimulus,&#8221; the ad says, before going through the classic conservative laundry list of individual scientific projects that apparently sound ridiculous because they involve studying animals. &#8221;Sestak backed spending a half-million dollars to study ant hills, 210,000 tax dollars to examine how honeybees learn, even $100,000 for socially conscious puppet shows.&#8221;</p>
<p>As <a href="http://washingtonindependent.com/99831/a-right-wing-candidate-dons-the-mask-of-moderation">my article notes</a>, Toomey seems to be winning this battle for the middle so far, but it&#8217;s too soon to count Sestak out. He&#8217;s a tireless campaigner who shocked a lot of people by surging from 14 points down in the polls in his primary race against Sen. Arlen Specter (D-Pa.) earlier this year. This time, by comparison, <a href="http://www.huffingtonpost.com/2009/08/13/10-pa-sen-ge-tvse_n_724667.html">he&#8217;s only trailing by about 7</a>.</p>
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		<title>A Right-Wing Candidate Dons the Mask of Moderation</title>
		<link>http://washingtonindependent.com/99831/a-right-wing-candidate-dons-the-mask-of-moderation</link>
		<comments>http://washingtonindependent.com/99831/a-right-wing-candidate-dons-the-mask-of-moderation#comments</comments>
		<pubDate>Thu, 07 Oct 2010 10:00:27 +0000</pubDate>
		<dc:creator>Jesse Zwick</dc:creator>
				<category><![CDATA[Congress]]></category>
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		<guid isPermaLink="false">http://washingtonindependent.com/?p=99831</guid>
		<description><![CDATA[<img width="454" height="155" src="http://media.washingtonindependent.com/2010/10/Toomey_1_thumb.jpg" class="attachment-index-post-thumbnail wp-post-image" alt="Toomey" title="Toomey" margin-bottom="2px" /><p>As  in many close elections, Pennsylvania’s Senate race has largely become a  contest about defining and capturing the elusive middle. Democrats  might enjoy a substantial registration advantage in the state, courtesy  of the 2008 elections, but the state’s swing voters &#8212; mostly  middle-class suburbanites with tolerant social views and moderate <a href="http://washingtonindependent.com/99831/a-right-wing-candidate-dons-the-mask-of-moderation" class="read_more">More...</a></p>]]></description>
			<content:encoded><![CDATA[<img width="454" height="155" src="http://media.washingtonindependent.com/2010/10/Toomey_1_thumb.jpg" class="attachment-index-post-thumbnail wp-post-image" alt="Toomey" title="Toomey" margin-bottom="2px" /><div id="attachment_99833" class="wp-caption alignnone" style="width: 426px"><a href="http://washingtonindependent.com/wp-content/uploads/2010/10/Toomey_2.jpg"><img class="size-full wp-image-99833 " title="Pat Toomey" src="http://washingtonindependent.com/wp-content/uploads/2010/10/Toomey_2.jpg" alt="" width="416" height="309" /></a><p class="wp-caption-text">Republican Senate candidate Pat Toomey campaigns in Centre County, Pa. (Toomey for U.S. Senate)</p></div>
<p>As  in many close elections, Pennsylvania’s Senate race has largely become a  contest about defining and capturing the elusive middle. Democrats  might enjoy a substantial registration advantage in the state, courtesy  of the 2008 elections, but the state’s swing voters &#8212; mostly  middle-class suburbanites with tolerant social views and moderate fiscal  concerns &#8212; are recognized by both Rep. Joe Sestak (D) and former Rep.  Pat Toomey (R) as the real prize.</p>
<p>[GOP1] These  nonaligned folks are seeking a candidate who will look out for working  families and approximate their own pragmatic views. And with less than a  month to go before Nov. 2, it looks like they’ve settled, against all  odds, on Toomey.</p>
<p>Judging  purely by his policy positions, Toomey would appear to be well to the  right of the average Pennsylvania voter, and more in line with some of  the very conservative Tea Party-backed candidates who have fascinated  the national media in recent months. Like Sharron Angle of Nevada, he  hopes to ban abortion and privatize parts of social security. Like Rand Paul of Kentucky, he has argued for the repeal of  the president’s health care and Wall Street reform bills. While in  Congress, he complained that the Bush tax cuts were too small. His <a href="http://www.pollster.com/blogs/pat_toomey_conservative_hero.php?nr=1">roll call votes place him much further to the right</a> than former Pennsylvania Sen. Rick Santorum (R), whom many thought too  conservative for statewide office, and even former Colorado Rep. Tom  Tancredo, the illegal immigration demagogue who is running for his  state’s governorship as a member of the American Constitution Party.</p>
<p>But  Toomey is hardly ever mentioned in the same breath as Angle or Paul,  let alone Tancredo. And while these candidates’ occasionally extreme  rhetoric has no doubt done its part to make Toomey’s own views appear  more reasonable, refraining from sounding off is hardly sufficient to  explain his moderate appeal. Toomey’s success in wooing Pennsylvania’s  independent vote is attributable instead to an incredible,  Cincinnatus-like story of modesty and civic virtue that he has crafted  over the years and stuck to with remarkable discipline, even when  confronted by its inconsistencies. He balances his far-right views with a  personality that’s reasonable, upright, and, at times, downright  boring.</p>
<p>And it’s working. With the Senate election fast approaching, <a href="http://www.huffingtonpost.com/2009/08/13/10-pa-sen-ge-tvse_n_724667.html">recent poll averages</a> show Toomey ahead of Sestak by a solid seven points. The conservative  Toomey isn’t new to winning the votes of most middle-of-the-road  Pennsylvanians, however. It’s a strategy that can be traced to the  earliest days of his political career following his move to Allentown,  Pa.</p>
<p><strong>Leaving Wall Street Behind</strong></p>
<p>Toomey’s  campaign website isn’t shy about advertising the candidate’s humble  origins. “Growing up the third of six children in a blue-collar, working  class family &#8212; his father a union worker and his mother a part-time  secretary at the family’s parish church &#8212; Pat was taught the values of  hard work and self-reliance,” his official bio notes.</p>
<p>Toomey,  who declined to be interviewed for this story, traded derivatives on  Wall Street for six years after college, followed by a year performing  research in Hong Kong on capital market formation for a pair of  billionaire investors. But his preferred political narrative begins in  Allentown, where he moved after returning from Hong Kong in 1991 and set  up shop with his brothers, founding “a  successful, family-owned restaurant business with several Pennsylvania  locations,” his bio says. “In 1997, after nearly 10 years as a small  business owner, Pat grew weary of the huge tax burdens imposed on  Pennsylvania&#8217;s small businesses. So he acted.”</p>
<p>But  Toomey had always been interested in politics &#8212; he’d majored in  political philosophy at Harvard and grown more conservative in the  process &#8212; and the Republican wave in the 1994 congressional elections  inspired him to get involved. “1994 was a watershed year,” he told  Derivatives Strategy magazine after he was elected to Congress in 1998.  “As a conservative, I felt that this was the first opportunity in my  lifetime to participate in the process within the context of a majority  and actually make something happen.”</p>
<p>Inspired  by the anti-tax movement that helped sweep Republicans into office in  1994, Toomey leapt at the chance to serve on a government study  commission &#8212; tasked with writing a brand-new charter for the city of  Allentown &#8212; that occurred the same year. It was an opportunity to limit  the size of government on a local level, and he succeeded in doing so  by backing a new requirement for a two-thirds majority vote before the  city could attempt to raise taxes in the future.</p>
<p>The  lens through which he conveyed his views, even then, however, wasn’t  the lens of Friedrich Hayek (or even Grover Norquist), but of small  business.</p>
<p>“I  knew him as a businessman,” recalls Wayne Stephens, Allentown’s former  police chief, who served on the commission with him. “He was extremely  business minded, and interested not just in public service, but in what  was happening in everything.”</p>
<p>Toomey  learned to thrive on the commission by presenting his conservative  beliefs as the concerns of a small businessman, and he framed his goals  of rolling back taxes as relief for the little guy.</p>
<p>“Our  goal was to protect the taxpayer, not so much to serve the elected  officials,” recalls David Bausch, the commission’s chairperson and an  ally of Toomey’s at the time. Toomey would later spend $2,500 to help  secure the charter’s passage in 1996.</p>
<p><strong>Dressing the Part</strong></p>
<p>It  was during Toomey’s run for Congress in 1998, and even more so during  his closely contested but successful fights to defend his seat in 2000  and 2002, that Toomey learned to hone his discipline and perfect his  political pitch.</p>
<p>In  many ways, Pennsylvania’s 15th Congressional District had come to  mirror the state as a whole. The cities of Allentown and Bethlehem  bestowed the district with a slight Democratic edge, but a growing  white-collar population outside the city limits was steadily supplanting  the region’s working-class, heavily unionized roots. To win, Toomey  would have to play up union antipathy in the suburbs while preserving a  pro-worker image among the district’s still sizable blue-collar  population &#8212; and that’s exactly what he did.</p>
<p>“He’s  labeled ‘Wall Street’ and he is,” grouses Ed O’Brien, the union leader  who challenged Toomey for his House seat in 2000 and 2002. But try as he  might to make the race about Toomey’s financial-sector roots, his  support for a regressive flat tax, and his disregard for worker safety  regulations, O’Brien couldn’t make the label stick.</p>
<p>“In  2000 [Toomey] defeated me by a little over four percentage points, and I  think what put him in then was a lot of the independents were a little  bit leery because he just tagged me as a union boss,” notes O’Brien. “He  can communicate, there’s absolutely no question about it.”</p>
<p>“The  thing of it was that he was able to convince people he was a moderate  and make them leery of me,” O’Brien adds. “I was against this, that and  that. He called me puppet of trial lawyers. He had more money from the  trial lawyers than i did!”</p>
<p>But  Toomey also needed to steal from O’Brien’s working-class base, and he  succeeded by campaigning aggressively on his blue-collar origins and  brief stint as a small-business owner.</p>
<p>Sometimes  he got in trouble for going too far. When labor groups got hold of a  Toomey staffer’s memo asking Republican supporters to “dress the part of  a blue-collar worker” by showing up in work boots and denim shirts for a  television ad, some picketed outside the shoot.</p>
<p>“Wear  working shoes and shirts and they’ll provide a hard hat,” recalls  O’Brien. “One ad was with a guy who was supposedly on an assembly line  and talking badly about me. Let’s put it this way. I never took things  personal. When he defeated me, I was gracious after. But what irritates  me more than anything is when I do see him doing ads where he has  supposed labor people involved. That’s what really really bothers me.”</p>
<p><strong>Staying on Message</strong></p>
<p>But  what bothered O’Brien sat well enough with the rest of Toomey’s  district, which voted him to three consecutive terms in the House, and  he made clear, in true Cincinnatus-like fashion, that he wouldn’t seek  re-election beyond that. His decision was based on a pledge to serve  only three terms, but it also didn’t hurt that Sen. Arlen Specter, a  then-Republican who looked vulnerable to a right-wing challenge, was up  for re-election.</p>
<p>When  Toomey formally announced in February 2003 he’d challenge Specter in  the Republican primary in 2004, he incurred a lot of ill will from many  members of the GOP establishment. But even here, in an internecine race  in which Toomey had to assume the mantle of right-wing firebrand, he  kept his cool in the face of bitter attacks from the camp of “Snarlin’  Arlen.”</p>
<p>“Toomey  is a smart, disciplined campaigner,” says Christopher Nicholas, who  served as Specter’s campaign manager at the time. “And in 2004 we threw  everything but the kitchen sink at him, and there were only maybe one or  two times that we kind of got him off message and playing defense.”</p>
<p>Indeed,  Specter’s camp came up with all kinds of hopeful character  assassination plots, including a memo that detailed 11 “incidents,”  including a liquor control violation later overturned on appeal and a  number of small crimes, perpetrated in and around Toomey’s formerly  owned restaurants and sports bars in the Allentown area, in an attempt  to cast doubt on the degree to which his establishments truly  contributed to the community. It also noted two lawsuits against Toomey  Inc., one of which was settled for $75,000 when an intoxicated patron  was killed in a car accident after leaving a Toomey establishment.</p>
<p>In  spite of it all, Toomey stayed on message. “I’ve been winning in a  Democratic district with a principled conservative message,” he told  supporters wary of his statewide chances at the time.</p>
<p>“He was very disciplined, very focused, and he just kept saying [Specter] had been too liberal for too long,” Nicholas notes.</p>
<p>In  the end, Specter beat Toomey for the nomination, but only by about  17,000 votes out of over a million cast. It was the only race in which  Toomey ever came up short, but even here it’s widely agreed that he  would probably have won had President Bush and Pennsylvania’s other  senator, Rick Santorum, not come to Specter’s rescue.</p>
<p>Following  the election, however, Toomey refrained from lashing out at the  Republican establishment that failed to get behind him. Instead, he  became the president of the Club for Growth, the conservative anti-tax  group that was seeking to remake the Republican Party by recruiting and  supporting candidates that would challenge it from the right.</p>
<p>The  Club had backed Toomey heavily in his failed bid against Specter, and  it proved the perfect platform for him to bide his time through a couple  of election cycles that were none too favorable to Republicans, all the  while handing out large chunks of money and buying goodwill from  conservative candidates who shared his passion for moving the GOP to the  right.</p>
<p>Nicholas,  who also worked for the moderate Sen. Lincoln Chaffee (R-R.I.) before  Toomey and the Club put him in their crosshairs for a ring-wing  challenge in 2006, said that even then, Toomey’s campaign work never  felt personal.</p>
<p>“He  never appeared in any of those things. He was always the cheerleader  and the fundraiser behind the scenes,” Nicholas recalls. “When I did a  campaign for moderate Republicans I didn’t feel like I was squaring off  against the Club for Growth. He didn’t adopt this kind of mano-a-mano  thing. He didn’t operate that way.”</p>
<p><strong>Being the Bigger Man</strong></p>
<p>When  Toomey first dropped hints about another Senate bid in 2010, the  Republican Party establishment was wary. The Club for Growth had drawn  the ire of popular GOP figures like Newt Gingrich and Mike Huckabee, who  famously termed it the “Club for Greed,” and local pols wondered if he  wasn’t too far to the right for Pennsylvania.</p>
<p>But  when Specter voted for President Obama’s stimulus package, the mood  among rank-and-file Republicans shifted wildly against him. Toomey began  polling so favorably in match-ups with Specter in a GOP primary that it  was only a matter of time before Specter fled the party for good.</p>
<p>Even  then, the state’s own GOP Party Chairman, Rob Gleason, tried to enlist  former governor Tom Ridge (R-Pa.) to challenge Specter, explaining later  to Politico that &#8220;Toomey still had a reputation for being a staunch  conservative.&#8221; But Ridge declined and Toomey was left with an open path  to the nomination.</p>
<p>Once  firmly ensconced as his party’s frontrunner, however, Toomey quickly  reverted back to the candidate who’d fought and won tough races in the  Democrat-heavy 15th District. While Sestak and Specter were forced to  duke it out in a tough Democratic primary, Toomey quickly set about  reclaiming political middle. America had shifted dangerously to the  left, he framed his message, and he felt duty bound to return to  politics and set it back firmly in the center.</p>
<p>“I  think we now have the most liberal elected government in the history of  the republic,” he told the American Spectator last April. “I think they  are very consciously and systematically attempting to take America on a  huge lurch to the left, to really remake our society in a fashion  similar to a European-style welfare state.”</p>
<p>“He’s  transitioned very well from outside challenger mode to endorsed  candidate mode,” observes Nicholas. “I think that speaks to Mr. Toomey’s  experience and the fact that he didn’t have a tough primary. The  environment shifted in Toomey’s favor and he was adroit enough to  leverage that.”</p>
<p>It  didn’t matter that Toomey had thrown his weight behind Sharron Angle  and other radical candidates at the Club for Growth, or that he’d been a  head cheerleader of the deregulation of the financial services industry  while in Congress. What mattered was that, when Specter attempted to  discredit Sestak’s Navy career in an attack ad during the Democratic  primary, it was Toomey, of all people, who came to Sestak’s defense.</p>
<p>&#8220;Joe  Sestak and I have already engaged in two spirited yet civil debates,&#8221;  Toomey wrote in a letter asking Specter to take down the ad.  &#8220;Pennsylvanians can rightly expect that we would continue in that  manner, which is not only respectful to each other, but more  importantly, respectful to voters.&#8221;</p>
<p>In  fact, Toomey consistently made it known that he liked his challenger,  Mr. Sestak, notwithstanding the fact that his views were obviously far  to the left of the average Pennsylvanian.</p>
<p>“[Sestak  is] a good and honorable man and very dedicated to the liberal  principles that he believes in,” Toomey likes to tell the media with  only the smallest hint of irony. His campaign even chose to run an  amusingly cordial ad that began, “For Senate, Joe Sestak or Pat Toomey.  Two good men with very different ideas.”</p>
<p><strong>Entering the Home Stretch</strong></p>
<p>It’s  the way Toomey carries himself, however, that looks like it’s going to  prove crucial in carrying his mild manners and his less mild political  beliefs to Washington once more. Unlike Ken Buck, or Sharron Angle, or  Rand Paul, he’s managed to couch the same policy positions in a  sensible, even boring manner that’s comforted, rather than repelled, the  Pennsylvania voters Toomey needs most to win.</p>
<p>“You’d  never have convinced me then that anyone more conservative than Rick  Santorum would have been able to win statewide,” says O’Brien. “But now  it looks like it’s possible.”</p>
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		<title>Polls Show Manchin, Sestak, and Bennet Struggling in Senate Races</title>
		<link>http://washingtonindependent.com/98414/polls-show-manchin-sestak-and-bennet-struggling-in-senate-races</link>
		<comments>http://washingtonindependent.com/98414/polls-show-manchin-sestak-and-bennet-struggling-in-senate-races#comments</comments>
		<pubDate>Thu, 23 Sep 2010 15:00:57 +0000</pubDate>
		<dc:creator>Jesse Zwick</dc:creator>
				<category><![CDATA[Blog (deprecated)]]></category>
		<category><![CDATA[Elections 2010]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[arlen specter]]></category>
		<category><![CDATA[christine o'donnell]]></category>
		<category><![CDATA[democrat]]></category>
		<category><![CDATA[enthusiasm gap]]></category>
		<category><![CDATA[joe manchin]]></category>
		<category><![CDATA[joe sestak]]></category>
		<category><![CDATA[John Raese]]></category>
		<category><![CDATA[ken buck]]></category>
		<category><![CDATA[michael bennet]]></category>
		<category><![CDATA[Pat Toomey]]></category>
		<category><![CDATA[Public Policy Polling]]></category>
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		<category><![CDATA[robert byrd]]></category>
		<category><![CDATA[senate]]></category>

		<guid isPermaLink="false">http://washingtonindependent.com/?p=98414</guid>
		<description><![CDATA[<p>Bad polling news for a number of Democratic Senate hopefuls is coming out all at once.</p>
<p>The first &#8212; and most surprising &#8212; item concerns Gov. Joe Manchin (D-W.Va.), who a new Public Policy Polling survey <a href="http://www.wboy.com/story.cfm?func=viewstory&#38;storyid=86487">shows</a> trailing his GOP opponent John Raese 46 percent to 43 percent in <a href="http://washingtonindependent.com/98414/polls-show-manchin-sestak-and-bennet-struggling-in-senate-races" class="read_more">More...</a></p>]]></description>
			<content:encoded><![CDATA[<p>Bad polling news for a number of Democratic Senate hopefuls is coming out all at once.</p>
<p>The first &#8212; and most surprising &#8212; item concerns Gov. Joe Manchin (D-W.Va.), who a new Public Policy Polling survey <a href="http://www.wboy.com/story.cfm?func=viewstory&amp;storyid=86487">shows</a> trailing his GOP opponent John Raese 46 percent to 43 percent in the race to fill the late Sen. Robert Byrd&#8217;s (D-W.Va.) Senate seat.<span id="more-98414"></span> Just months before, soon after Manchin signaled his intention to run, most <a href="http://www.pollster.com/polls/wv/10-wv-sen-ge-rvm.php">preliminary polls put him up</a> by at least 20 points, but since then his lead has steadily diminished. The poll results are also coming out at the same time as <a href="http://www.wsaz.com/news/headlines/103348024.html?ref=024">revelations</a> that a federal probe into highways built in West Virginia is being focused, at least in part, on a $150 million road that connects I-79 to to Fairmont, Manchin&#8217;s hometown &#8212; but any connection to the governor&#8217;s office at this stage is circumstantial at best.</p>
<p>Meanwhile, new polls showing former Rep. Pat Toomey (R-Pa.) holding a steady 7 point lead over Rep. Joe Sestak (D-Pa.) in the race to replace Sen. Arlen Specter (D-Pa.) are causing come forecasters to <a href="http://voices.washingtonpost.com/thefix/senate/pennsylvania-senate-race-moves.html">recategorize</a> it from &#8220;toss up&#8221; to &#8220;lean Republican.&#8221; But anyone who followed Sestak&#8217;s come-from-behind victory over Specter in the primary knows <a href="http://www.rollcall.com/news/50110-1.html">it&#8217;s too soon</a> to say anything for sure: “Pat Toomey is in a good place, ahead by 7 points with six weeks to go. But Congressman Joe Sestak has proven himself a tough competitor so it’s too early to order the champagne,” Peter Brown, assistant director of the Quinnipiac University Polling Institute, said in a statement.</p>
<p>Finally, a <a href="http://link.email.washingtonpost.com/r/JDFA9Q/FXKKZ6/HJNWM1/GL0VPB/ILGFI/W1/h">new CNN/Time/Opinion Research poll</a> indicates that Sen. Michael Bennet (D-Colo.) is falling behind Weld County DA and tea party–backed candidate, Ken Buck, in Colorado&#8217;s Senate race. The difference in the race seems to be all about the enthusiasm gap that&#8217;s plaguing Democrats around the country, pundits <a href="http://voices.washingtonpost.com/thefix/morning-fix/republican-unveil-new-contract.html#more">note</a>: Buck leads Bennet 49 percent to 44 percent among likely voters. When registered voters are polled, however, Bennet takes 47 percent to Buck&#8217;s 44 percent. Getting those 2008 Obama voters out to the polls for Bennet, in other words, is a must-do if he hopes to keep his seat.</p>
<p>At least Democrats <a href="http://www.pollster.com/polls/de/10-de-sen-ge-ovco.php">can still be thankful</a> that Christine O&#8217;Donnell is the GOP Senate candidate in Delaware.</p>
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		<title>Palin Pick For Alaska Senate Could Oust Murkowski</title>
		<link>http://washingtonindependent.com/95668/palin-pick-for-alaska-senate-could-oust-murkowski</link>
		<comments>http://washingtonindependent.com/95668/palin-pick-for-alaska-senate-could-oust-murkowski#comments</comments>
		<pubDate>Wed, 25 Aug 2010 13:17:37 +0000</pubDate>
		<dc:creator>Jesse Zwick</dc:creator>
				<category><![CDATA[Blog (deprecated)]]></category>
		<category><![CDATA[Elections 2010]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[Anchorage Daily News]]></category>
		<category><![CDATA[arlen specter]]></category>
		<category><![CDATA[bob bennett]]></category>
		<category><![CDATA[joe miller]]></category>
		<category><![CDATA[lisa murkowski]]></category>
		<category><![CDATA[Sarah Palin]]></category>

		<guid isPermaLink="false">http://washingtonindependent.com/?p=95668</guid>
		<description><![CDATA[<p>Just when journalists were busy <a href="http://www.prospect.org/cs/articles?article=the_end_of_palin_as_kingmaker">writing the obituaries</a> for Sarah Palin&#8217;s ability to play kingmaker, an obscure Palin-backed GOP challenger named Joe Miller looks on track to usurp Sen. Lisa Murkowski (R) in Alaska. Unofficial returns as of this morning <a href="http://tpmdc.talkingpointsmemo.com/2010/08/miller-may-pull-upset-in-alaska----murkowski-trailing-as-votes-still-to-be-counted.php">showed</a> Miller up by a little less than <a href="http://washingtonindependent.com/95668/palin-pick-for-alaska-senate-could-oust-murkowski" class="read_more">More...</a></p>]]></description>
			<content:encoded><![CDATA[<p>Just when journalists were busy <a href="http://www.prospect.org/cs/articles?article=the_end_of_palin_as_kingmaker">writing the obituaries</a> for Sarah Palin&#8217;s ability to play kingmaker, an obscure Palin-backed GOP challenger named Joe Miller looks on track to usurp Sen. Lisa Murkowski (R) in Alaska. Unofficial returns as of this morning <a href="http://tpmdc.talkingpointsmemo.com/2010/08/miller-may-pull-upset-in-alaska----murkowski-trailing-as-votes-still-to-be-counted.php">showed</a> Miller up by a little less than 3,000 votes, meaning that the still-uncounted rural areas and absentee ballots will likely prove decisive &#8212; but they might not all be counted until September 8.<span id="more-95668"></span></p>
<p>Miller was happy to give credit where credit was due: &#8220;I&#8217;m absolutely certain that was pivotal,&#8221; he <a href="http://www.adn.com/2010/08/24/1423423/miller-holds-slim-lead-in-early.html#ixzz0xcKF9RIq">said of Palin&#8217;s endorsement</a> to the Anchorage Daily News. Murkowski, for her part, took a jab at the former half-term Alaska governor, arguing, &#8221;I think she&#8217;s out for her own self-interest. I don&#8217;t think she&#8217;s out for Alaska&#8217;s interest.&#8221;</p>
<p>If Miller holds on to win, it will be the third time an incumbent senator has been unseated in a primary contest this season &#8212; the first two being Sen. Bob Bennett (R-Utah) and Sen. Arlen Specter (D-Pa.). His victory will also represent a strong caveat to pollsters and pundits &#8212; low turnout primaries are notoriously difficult to predict, so perhaps a little more humility will be in order in the future.</p>
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		<title>Romanoff is the Next Democratic Insurgent to Race Ahead</title>
		<link>http://washingtonindependent.com/93305/romanoff-is-the-next-democratic-insurgent-to-race-ahead</link>
		<comments>http://washingtonindependent.com/93305/romanoff-is-the-next-democratic-insurgent-to-race-ahead#comments</comments>
		<pubDate>Mon, 02 Aug 2010 13:07:49 +0000</pubDate>
		<dc:creator>Jesse Zwick</dc:creator>
				<category><![CDATA[Blog (deprecated)]]></category>
		<category><![CDATA[Elections 2010]]></category>
		<category><![CDATA[andrew romanoff]]></category>
		<category><![CDATA[arlen specter]]></category>
		<category><![CDATA[August 10]]></category>
		<category><![CDATA[colorado]]></category>
		<category><![CDATA[insurgent candidates]]></category>
		<category><![CDATA[joe sestak]]></category>
		<category><![CDATA[mail-in ballots]]></category>
		<category><![CDATA[michael bennet]]></category>
		<category><![CDATA[primary]]></category>
		<category><![CDATA[progressive challenges]]></category>
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		<category><![CDATA[voting systems]]></category>

		<guid isPermaLink="false">http://washingtonindependent.com/?p=93305</guid>
		<description><![CDATA[<p>Looks like <a href="http://washingtonindependent.com/92641/romanoff-sells-house-to-fund-colorado-race">selling his house</a> paid off. Colorado Democratic Senate candidate and former Colorado House Speaker Andrew Romanoff <a href="http://www.politico.com/news/stories/0810/40532_Page2.html">has surged</a> into a dead heat with appointed Sen. Michael Bennet (D-Colo.) with just over a week until the state&#8217;s August 10 primary, according to the latest polling numbers.<span id="more-93305"></span> <a href="http://washingtonindependent.com/93305/romanoff-is-the-next-democratic-insurgent-to-race-ahead" class="read_more">More...</a></p>]]></description>
			<content:encoded><![CDATA[<p>Looks like <a href="http://washingtonindependent.com/92641/romanoff-sells-house-to-fund-colorado-race">selling his house</a> paid off. Colorado Democratic Senate candidate and former Colorado House Speaker Andrew Romanoff <a href="http://www.politico.com/news/stories/0810/40532_Page2.html">has surged</a> into a dead heat with appointed Sen. Michael Bennet (D-Colo.) with just over a week until the state&#8217;s August 10 primary, according to the latest polling numbers.<span id="more-93305"></span></p>
<p>Romanoff, like Rep. Joe Sestak (D-Pa.) who took on incumbent Sen. Arlen Specter (D-Pa.) in May, is mounting a liberal challenge to the Democratic establishment&#8217;s pick &#8212; and he&#8217;s getting a boost of support from the majority of younger, Hispanic, and &#8220;liberal&#8221; voters in the state, a Denver Post and 9News survey showed. Also like Sestak, he&#8217;s leapt back from a huge deficit &#8212; 17 points in Romanoff&#8217;s case &#8212; and now has the momentum going into the final full week of campaigning.</p>
<p>One of the few things working against Romanoff at this moment is Colorado&#8217;s mail-in system of voting, used in most counties, through which about 40 percent of expected voters are estimated to have already cast ballots. Romanoff has to hope that enough supporters are energized by his recent surge to show up at the polls next week in order to swing the election his way.</p>
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		<title>Senate Judiciary Committee Endorses Kagan 13-6</title>
		<link>http://washingtonindependent.com/92012/senate-judiciary-committee-endorses-kagan-13-6</link>
		<comments>http://washingtonindependent.com/92012/senate-judiciary-committee-endorses-kagan-13-6#comments</comments>
		<pubDate>Tue, 20 Jul 2010 16:30:56 +0000</pubDate>
		<dc:creator>Jimm Phillips</dc:creator>
				<category><![CDATA[Blog (deprecated)]]></category>
		<category><![CDATA[Congress]]></category>
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		<category><![CDATA[arlen specter]]></category>
		<category><![CDATA[chuck schumer]]></category>
		<category><![CDATA[elena kagan]]></category>
		<category><![CDATA[Jeff Sessions]]></category>
		<category><![CDATA[Lindsey Graham]]></category>
		<category><![CDATA[senate judiciary committee]]></category>
		<category><![CDATA[Supreme Court confirmation hearings]]></category>
		<category><![CDATA[Thurgood Marshall]]></category>

		<guid isPermaLink="false">http://washingtonindependent.com/?p=92012</guid>
		<description><![CDATA[<p>The Senate Judiciary Committee just voted 13-6 to endorse Supreme Court nominee Elena Kagan&#8217;s confirmation, sending her on to the full Senate for further consideration.</p>
<p>The vote broke largely on partisan lines &#8212; all 12 Democrats on the committee voted for Kagan while six of the seven Republicans voted against <a href="http://washingtonindependent.com/92012/senate-judiciary-committee-endorses-kagan-13-6" class="read_more">More...</a></p>]]></description>
			<content:encoded><![CDATA[<p>The Senate Judiciary Committee just voted 13-6 to endorse Supreme Court nominee Elena Kagan&#8217;s confirmation, sending her on to the full Senate for further consideration.</p>
<p>The vote broke largely on partisan lines &#8212; all 12 Democrats on the committee voted for Kagan while six of the seven Republicans voted against her. Only Sen. Lindsey Graham (R-S.C.) broke GOP ranks to vote in her favor.</p>
<p>As Sen. Arlen Specter (D-Pa.) spoke about his decision to vote for Kagan, he bemoaned the committee&#8217;s partisan divide on the vote, noting that it reflects the battle over the Court&#8217;s ideological bent. He added that despite Republican colleagues&#8217; concerns about Kagan&#8217;s association with former Justice Thurgood Marshall, he hoped she would follow his example.<span id="more-92012"></span></p>
<p>Sen. Chuck Schumer (D-N.Y.) said prior to the vote that he felt partisan divisions would prevent Kagan from garnering more than a few Republican votes in the full Senate.</p>
<p>&#8220;Sadly, it appears election-year politics may deprive her of the vote  total that her nomination deserves,&#8221; he said.</p>
<p>The committee&#8217;s endorsement of Kagan was never in doubt &#8212; just the  margin. Attention today focused on Graham, the only swing vote whose stance on Kagan was unknown going into today&#8217;s session. He was always the Republican most likely to break ranks in Kagan&#8217;s favor &#8212; he was the only member of his party to support Justice Sonia Sotomayor during her confirmation last year.</p>
<p>Graham noted as he announced his decision earlier today that while he would not have nominated a justice who shared Kagan&#8217;s political ideology, Obama had a mandate from the voters to choose a nominee.</p>
<p>&#8220;I&#8217;m going to vote for her because I believe this last election had  consequences,&#8221; he said.</p>
<p>Other committee Republicans were not so charitable, using their time today to criticize Kagan&#8217;s lack of judicial experience and her stances on some hot-button issues.</p>
<p>Sen. Jeff Sessions (R-Ala.), the committee&#8217;s ranking member, criticized Kagan in part because she had restricted military recruiters while dean of Harvard Law School. He and other Republicans brought up that issue <a href="http://washingtonindependent.com/90313/jeff-sessions-blasts-kagan-on-harvard-laws-military-recruiter-controversy" target="_blank">repeatedly</a> during Kagan&#8217;s confirmation hearings.</p>
<p>&#8220;Throughout her career, Ms. Kagan has placed her politics above the law,&#8221; Sessions wrote in a <a href="http://www.usatoday.com/news/opinion/editorials/2010-07-21-sessions21_ST_N.htm" target="_blank">USA Today op-ed</a> published today.</p>
<p>C-SPAN reported that the full Senate will likely take up Kagan&#8217;s confirmation starting Aug. 2.</p>
<p><em>Updated at 1:12 p.m.</em></p>
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		<title>Specter Damns Kagan With Faint Praise, But Will Support Her</title>
		<link>http://washingtonindependent.com/91617/specter-damns-kagan-with-faint-praise-but-will-support-her</link>
		<comments>http://washingtonindependent.com/91617/specter-damns-kagan-with-faint-praise-but-will-support-her#comments</comments>
		<pubDate>Thu, 15 Jul 2010 16:34:28 +0000</pubDate>
		<dc:creator>Jimm Phillips</dc:creator>
				<category><![CDATA[Blog (deprecated)]]></category>
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		<category><![CDATA[arlen specter]]></category>
		<category><![CDATA[elena kagan]]></category>
		<category><![CDATA[Supreme Court confirmation hearings]]></category>
		<category><![CDATA[U.S. Senate]]></category>

		<guid isPermaLink="false">http://washingtonindependent.com/?p=91617</guid>
		<description><![CDATA[<p>Sen. Arlen Specter (D-Pa.) tepidly endorsed Supreme Court nominee Elena Kagan in an op-ed released late yesterday, noting that she did &#8220;just enough to win my vote.&#8221;</p>
<p>Specter damned Kagan with faint praise in the <a href="http://www.usatoday.com/news/opinion/forum/2010-07-15-column15_ST1_N.htm" target="_blank">USA Today op-ed</a>, saying that while he believes she has &#8220;an impressive legal <a href="http://washingtonindependent.com/91617/specter-damns-kagan-with-faint-praise-but-will-support-her" class="read_more">More...</a></p>]]></description>
			<content:encoded><![CDATA[<p>Sen. Arlen Specter (D-Pa.) tepidly endorsed Supreme Court nominee Elena Kagan in an op-ed released late yesterday, noting that she did &#8220;just enough to win my vote.&#8221;</p>
<p>Specter damned Kagan with faint praise in the <a href="http://www.usatoday.com/news/opinion/forum/2010-07-15-column15_ST1_N.htm" target="_blank">USA Today op-ed</a>, saying that while he believes she has &#8220;an impressive legal mind, a ready humor and a collegial temperament  suitable to the court,&#8221; she also failed to &#8220;undo the impression that nominating hearings are little more  than a charade.&#8221;<span id="more-91617"></span></p>
<p>He wrote that that Kagan did not heed her own criticisms about previous hearings lacking candor &#8212; most famously in a <a href="http://assets.theatlantic.com/static/mt/assets/politics/Kagan%20review%20of%20Confirmation%20Messes.pdf" target="_blank">1995 University of Chicago Law Review article</a>. &#8220;She accused Justice Ruth Bader Ginsburg and Stephen Breyer of  stonewalling, but then she did the same, leaving senators to search for  clues on her judicial philosophy,&#8221; he said in the op-ed.</p>
<p>Specter did, however, praise Kagan for being in favor of letting cameras into the Court&#8217;s hearings. &#8220;Her testimony recognized that the court is a  public institution that should be available to all Americans, not just  the select few who can travel to Washington,&#8221; he wrote.</p>
<p>In many ways, Specter was the biggest wild-card on the committee. <a href="http://washingtonindependent.com/84295/specters-kagan-problem" target="_blank">While still a Republican</a>, he had voted against confirming Kagan as Solicitor General last year. But when President Obama nominated her on May 10, a little over a week before Specter <a href="http://washingtonindependent.com/85103/pennsylvania-primary-results" target="_blank">lost</a> his first Democratic Senate primary, he said he would look at her with an <a href="http://washingtonindependent.com/84359/specter-hit-on-past-kagan-vote" target="_blank">open mind</a>. Given that he was no longer burdened by electoral concerns once Kagan actually came before the Senate Judiciary Committee, I believed he might vote against her yet again &#8212; he had been by far the Democrats&#8217; <a href="http://washingtonindependent.com/90331/specter-presses-kagan-to-be-chatty" target="_blank">toughest questioner</a> during Kagan&#8217;s testimony.</p>
<p>Specter&#8217;s endorsement means Kagan will almost certainly have 12 senators in favor of endorsing her &#8212; and maybe a 13th if Lindsay Graham (R-S.C.) decides to buck his party. The committee is <a href="http://washingtonindependent.com/91323/senate-judiciary-committee-postpones-votes-on-kagan-and-cole-to-next-week" target="_blank">scheduled</a> to vote on Kagan this coming Tuesday, while the full Senate will consider her after that.</p>
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		<title>Hatch a &#8216;No&#8217; Vote on Kagan; Where Does the Rest of Judiciary Stand?</title>
		<link>http://washingtonindependent.com/90873/hatch-a-no-vote-on-kagan-where-does-the-rest-of-judiciary-stand</link>
		<comments>http://washingtonindependent.com/90873/hatch-a-no-vote-on-kagan-where-does-the-rest-of-judiciary-stand#comments</comments>
		<pubDate>Fri, 02 Jul 2010 16:50:50 +0000</pubDate>
		<dc:creator>Jimm Phillips</dc:creator>
				<category><![CDATA[Blog (deprecated)]]></category>
		<category><![CDATA[Congress]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[arlen specter]]></category>
		<category><![CDATA[elena kagan]]></category>
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		<category><![CDATA[orrin hatch]]></category>
		<category><![CDATA[Supreme Court confirmation hearings]]></category>

		<guid isPermaLink="false">http://washingtonindependent.com/?p=90873</guid>
		<description><![CDATA[<p>Sen. Orrin Hatch (R-Utah) <a href="http://hatch.senate.gov/public/index.cfm?FuseAction=PressReleases.Detail&#38;PressRelease_id=937be835-1b78-be3e-e05b-3b2a8402fee3" target="_blank">announced</a> a little while ago that he will vote against Supreme Court nominee Elena Kagan&#8217;s confirmation when the Senate Judiciary Committee convenes after the recess, citing his belief that her legal views are based on personal politics.</p>
<p>Obviously this is not totally unexpected, as <a href="http://washingtonindependent.com/90873/hatch-a-no-vote-on-kagan-where-does-the-rest-of-judiciary-stand" class="read_more">More...</a></p>]]></description>
			<content:encoded><![CDATA[<p>Sen. Orrin Hatch (R-Utah) <a href="http://hatch.senate.gov/public/index.cfm?FuseAction=PressReleases.Detail&amp;PressRelease_id=937be835-1b78-be3e-e05b-3b2a8402fee3" target="_blank">announced</a> a little while ago that he will vote against Supreme Court nominee Elena Kagan&#8217;s confirmation when the Senate Judiciary Committee convenes after the recess, citing his belief that her legal views are based on personal politics.</p>
<p>Obviously this is not totally unexpected, as Hatch was fairly hostile towards Kagan during her testimony earlier this week. However, he did vote for her when she was up for Solicitor General last year. It&#8217;s also worth noting that he voted <a href="http://hatch.senate.gov/public/index.cfm?FuseAction=PressReleases.Detail&amp;PressRelease_id=ad642a49-1b78-be3e-e052-ab5f5f2b9bc7" target="_blank">against</a> Justice Sonia Sotomayor&#8217;s confirmation when she went before the committee last year.</p>
<p>Thus far Hatch is the only member of the committee to state publicly how he will vote on Kagan, though other senators are expected to make their own statements over the course of the day.<span id="more-90873"></span></p>
<p>I think it&#8217;s safe to assume that all but one of the Democrats on the committee are definitely in Kagan&#8217;s favor. Most Judiciary Democrats spent their time during the hearings bashing the Court&#8217;s recent decisions on cases like Citizens United v. FEC, so it&#8217;s clear they have no issues with Kagan herself. The only one on the fence is, most likely, Arlen Specter (Pa.). As I have <a href="http://washingtonindependent.com/84295/specters-kagan-problem" target="_blank">previously reported</a>, he has faced a dilemma on how to vote on Kagan since Obama announced her nomination back in May. He voted against her for Solicitor General because he felt she had not fully answered his questions. Specter indicated he was not getting sufficiently detailed answers from Kagan this time around either.</p>
<p>Specter voted with the rest of the Democrats to confirm Sotomayor. But given that he is no longer constrained by the pressures of an <a href="http://washingtonindependent.com/85103/pennsylvania-primary-results" target="_blank">election campaign</a> &#8212; and the Democratic purse strings that would accompany such a race &#8212; he is basically free to vote as he pleases this time around.</p>
<p>Handicapping the Judiciary Republicans is much more difficult. Several of the GOP members took a negative tack during the hearings, especially with regard to Kagan&#8217;s handling of <a href="http://washingtonindependent.com/90719/cornyn-military-recruiters-at-harvard-had-separate-but-equal-access-under-kagan" target="_blank">military recruiters</a> while dean of Harvard Law School, so it is likely that no more than one or two of them will vote in her favor. Lindsey Graham (S.C.) is by far the most likely Republican &#8220;Yes&#8221; vote at  this point, as he was Sotomayor&#8217;s <a href="http://www.cnn.com/2009/POLITICS/07/28/sotomayor.panel.vote/index.html" target="_blank">only</a> Judiciary GOP supporter.</p>
<p>Kagan is basically assured to move out of the committee with a favorable vote, as Democrats hold a 12-7 majority. A vote before the entire Senate is likely to occur late this month.</p>
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		<title>Specter Presses Kagan to Be Chatty</title>
		<link>http://washingtonindependent.com/90331/specter-presses-kagan-to-be-chatty</link>
		<comments>http://washingtonindependent.com/90331/specter-presses-kagan-to-be-chatty#comments</comments>
		<pubDate>Mon, 28 Jun 2010 18:36:34 +0000</pubDate>
		<dc:creator>Jimm Phillips</dc:creator>
				<category><![CDATA[Blog (deprecated)]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[arlen specter]]></category>
		<category><![CDATA[elena kagan]]></category>
		<category><![CDATA[Supreme Court confirmation hearings]]></category>

		<guid isPermaLink="false">http://washingtonindependent.com/?p=90331</guid>
		<description><![CDATA[<p>During what will almost certainly be his last opening statement for a Supreme Court confirmation hearing, Sen. Arlen Specter (D-Pa.) pressed court nominee Elena Kagan to be talkative during her hearings.</p>
<p>Specter referenced a <a href="http://assets.theatlantic.com/static/mt/assets/politics/Kagan%20review%20of%20Confirmation%20Messes.pdf" target="_blank">1995 University of Chicago Law Review article</a> in which Kagan criticized the tone of <a href="http://washingtonindependent.com/90331/specter-presses-kagan-to-be-chatty" class="read_more">More...</a></p>]]></description>
			<content:encoded><![CDATA[<p>During what will almost certainly be his last opening statement for a Supreme Court confirmation hearing, Sen. Arlen Specter (D-Pa.) pressed court nominee Elena Kagan to be talkative during her hearings.</p>
<p>Specter referenced a <a href="http://assets.theatlantic.com/static/mt/assets/politics/Kagan%20review%20of%20Confirmation%20Messes.pdf" target="_blank">1995 University of Chicago Law Review article</a> in which Kagan criticized the tone of Supreme Court confirmation hearings and encouraged nominees to more freely discuss their views. He voted against Kagan when she was up for <a href="http://washingtonindependent.com/84295/specters-kagan-problem" target="_blank">solicitor general</a> because he felt she had not fully answered his questions. In the midst of what ended up being a <a href="http://washingtonindependent.com/85103/pennsylvania-primary-results" target="_blank">failed primary bid</a> for another term in office, Specter had said he would look at Kagan with an <a href="http://washingtonindependent.com/84775/specter-signals-possible-change-of-heart-on-kagan" target="_blank">open mind</a>.<span id="more-90331"></span></p>
<p>While still a Republican, Specter oversaw the Senate Judiciary Committee during the  nominations of Chief Justice John Roberts, Associate Justice Samuel  Alito and failed nominee Harriet Miers.</p>
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