Key Senate Republicans who already voted to confirm Elena Kagan as solicitor general were quick to point out that their previous support does not guarantee they will back her for a lifetime appointment to the Supreme Court.
Republicans such as Orrin Hatch and Jon Kyl – both yes votes in 2009 on Kagan — blasted statements within minutes of Monday morning's Supreme Court announcement, emphasizing that their previous support was not indicative of what their votes will be when the former Dean of the Harvard law school comes before the Senate for the nation's highest court, likely in July.
“As I made clear when I supported her confirmation as Solicitor General, a temporary political appointment is far different than a lifetime appointment to the Supreme Court,” Kyl said. “Every senator has a constitutional duty to scrutinize judicial nominees, and I will take great care in examining her record to ensure that she possess the qualities the American people expect in our Supreme Court Justices.”
The Minority Whip from Arizona joined Republicans Hatch, Tom Coburn of Oklahoma, Olympia Snowe and Susan Collins of Maine, Judd Gregg of New Hampshire, and Richard Lugar of Indiana in confirming Kagan as Solicitor General in a 61-31 in March 2009.
Hatch, who sits on the Senate Judiciary Committee with Kyl, was also quick to express reticence about Kagan, saying that his decision will not be based in “blind faith” but that he will keep “an open mind” throughout the confirmation process.
“I will examine Ms. Kagan’s entire record to understand her judicial philosophy. My conclusion will be based on evidence, not blind faith. Her previous confirmation, and my support for her in that position, do not by themselves establish either her qualifications for the Supreme Court or my obligation to support her," Hatch said. "I have an open mind and look forward to actively participating in the confirmation process.” - Politico Story
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