Senators show partisan divide on Kagan confirmation

WASHINGTON - Senators began sparring Tuesday over Elena Kagan's qualifications to be the next justice on the U.S. Supreme Court, but with her confirmation virtually assured the debate largely served to highlight the divide between Democrats and Republicans in advance of this year's congressional elections.

Kagan, 50, was nominated by President Barack Obama in May to replace the retired John Paul Stevens on the high court. As U.S. solicitor general, Kagan represents the government before the Supreme Court, but her career has largely been spent outside the courtroom. She served as a lawyer and domestic policy adviser in the Clinton White House. For nearly six years she headed the faculty at Harvard Law School.

A floor vote on Kagan's nomination is expected later this week.

Republicans have cast Kagan as an inexperienced, progressive political operative who would work to preserve the president's policy agenda once on the high court rather than serve as objective jurist.

Her supporters have painted Kagan as a brilliant legal mind and a fair-minded moderate who will build consensus at the center of the court.

Democrat Patrick Leahy of Vermont, chairman of the Judiciary Committee, on the floor Tuesday argued that the Supreme Court under Chief Justice John Roberts is committed to rolling back social progress.

"This radical conservative agenda is a threat," Leahy said.

Republicans, including Sen. Orrin Hatch of Utah, shot back, saying Kagan favors an unrestrained federal government.

"In her hearing, Ms. Kagan refused to acknowledge any real limits on the federal government's power," Hatch said.

At least five Republicans have indicated they will support her. Ben Nelson (D-Neb.) has expressed his opposition; but, he said he would not back any attempt to block the vote.