Kagan has anemic confirmation numbers

by: Chris Bowers

Thu May 27, 2010 at 13:36


So far, Gallup, Fox, Pew, and Rasmussen have released polling on whether the public thinks Elana Kagan should be confirmed or not.  Compared to polling from these same four outlets at the same point in the Alito and Sotomayor confirmation process, Kagan lags behind (see Miers, Alito, Sotomayor, and Kagan for the Rasmussen polls, and here for all other polls).

Sotomayor: +18.2% (mid-June 2009)
48.0%--29.8%

Alito: +12.3% (mid-December 2005)
37.3%--25.0%

Kagan: +9.0%
37.8%--28.8%

Miers: +1.5 (late-October 2005)
35.5%--34.0%

Kagan has a net positive "confirm" of 9%.  While that puts her well clear of the failed nomination of Harriet Miers, that is half of what Sonia Sotomayor had in mid-June of 2009 according to these four polling firms, and even less than Samuel Alito's numbers in mid-December of 2005.

While it still seems likely that Kagan will be confirmed, her numbers are low enough that a bad revelation or two might cause real problems.  Even absent such a moment, the general lack of strong feeling on the nomination (another area where Rasmussen is an hysterical outlier, incidentally) means that there will be little political cost to Senators no matter how they vote.  There is not much public engagement on this fight, leaving this nomination a largely internal affair for the Senate.

Chris Bowers :: Kagan has anemic confirmation numbers

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Elana Kagan's primary "qualification," other than being FOB (0.00 / 0)
is her tenure as the Dean of Harvard Law School. Even there, her (hiring) record is checkered. But she seems to have been a pretty good fund-raiser.

However, I don't find that a very persuasive argument in her favor, because a good fund-raiser has to have become adept at tongue-laving the financial prostates of the rich, and powerful, at pandering to the whims of the wealthy, of pacifying the terrors of the oligarchs. These do not seem to me the necessary, or even the desirable attributes of someone who may be called upon to occasionally rebuke those same folks before the bar.


I have to say (0.00 / 0)
Kagan's numbers seem practically the same as Alito's.  

New Jersey politics at Blue Jersey.

Alito was unusual (0.00 / 0)
Most nomination perceived as close are either withdrawn (Miers) or defeated (Bork, Carswell, Haynsworth).  A 58-42 confirmation vote looks one sided but only Clarence Thomas squeaked through by as close a margin in the 20th century.

Since Kagan is in a slightly tighter position than Alito, it looks like a very tight confirmation (say 54 or 55 yes votes)with the possibility of a filibuster to delay things until the next Senate.


What makes you think (0.00 / 0)
that the vote totals are a product of public opinion?

That generally not true when it comes to congressional votes in general. I'd say it's less likely true when it comes to an area as elite dominated as the Court.

Politics is the art of the possible, but that means you have to think about changing what is possible, not that you have to accept it in perpetuity.


[ Parent ]
Here's what (0.00 / 0)
A few months ago Chris said it was very hard to pass a widely unpopular piece of legislation.  That says that public opinion is reflected in the votes.

Mostly those who lost or were challenged came with a lot of baggage.  Roberts said little or nothing.  Clarence Thomas looked like an incompetent slimeball.

It has been necessary to mount a campaign and get some traction to challenge a SCOTUS nominee.  My guess is that these nominations are at least partly reflected in public opinion.


[ Parent ]
Not paying attention (0.00 / 0)
What those numbers show is that the Republican base will disapprove of whoever Obama appoints and the rest of the country isn't really paying enough attention to have an opinion.

My job is not to represent Washington to you, but to represent you to Washington- Obama
Philly for Obama


Partly (0.00 / 0)
The big difference in Sotomayor's numbers is that her positives were a lot higher. The usual Republican base number was drowned out and some Senate Republicans got the notion that a scorched earth policy could be dangerous for them.

[ Parent ]
Liberal base not entirely happy (0.00 / 0)
There are quite large chunks of the liberal base that are not exactly happy with the Kagan appointment either.

sPh


[ Parent ]
AMEN! (0.00 / 0)
She's a neocon, and she shouldn't be confirmed.

[ Parent ]
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