The Washington Times - July 20, 2010, 05:52PM

Solicitor General Elena Kagan was approved by a 13 -6 vote by Senate Judiciary Committee members on Tuesday. While the vote was mainly along party lines, Senator Lindsey Graham, South Carolina Republican, voted in favor of moving her nomination along for a vote among all Senate members. Reports say her confirmation vote on the Senate floor will likely happen during the first week of August.

“What you want to do is preserve your rights when your day comes. When you get back in charge, you’ll be able to go forward with a nominee that reflects your values. That’s what I’m looking at,” said Senator Graham when asked about his vote on Tuesday afternoon.


“They [conservatives] ought to look at the Constitution and tell me where I’m wrong. Where did I get it wrong? Senator Thurman voted for Ginsburg based on the idea that elections have consequences. We’ll get back in charge one day,” Mr. Graham answered when I asked about the negative reaction his vote would likely get from conservative grassroots activists.

The South Carolina Senator, who also voted for the nomination of Justice Sonia Sotomayor, continues to believe his vote for Ms. Kagan will give better leverage to Republicans in the future whenever the GOP has the majority in the Senate again.

“We’ll get back in charge one day. We’ll get the White House, and I hope that we will understand that when we’re in charge, we’re going to have the same rights they did. You can’t have it both ways. You can’t expect people to go along with your nominees when you pick somebody of your philosophy, when you always say ‘no’ to the other side, and that would be my advice to Democrats. What you do today can set the tone for tomorrow for you.”

That’s some hefty trust. Given the filibuster of judicial nominees Democrats engaged in on Bush judicial appointments, it is difficult to believe such a tone will actually be established, regardless of whether Republicans are running the show. After all, Judge Robert Bork’s last name did not become a verb meaning to squash judicial nominees because Senate Democrats felt the need to be fair to Republican judicial appointments.