Senate confirms Elena Kagan's nomination to Supreme Court

By Paul Kane and Robert Barnes

The Senate confirmed U.S. Solicitor General Elena Kagan on Thursday as the 112th justice to the Supreme Court, making her the fourth woman to sit on the court.

On a vote of 63 to 37, Kagan, who will succeed retired justice John Paul Stevens, became the second member President Obama has placed on the high court. One year ago, Sonia Sotomayor won confirmation as the court's first Latina.

Some Democrats have said they hope that the lifetime appointment of Kagan, a consensus-building liberal, will nudge the court slightly to the left.

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Questions of Justice

Eric Holder, President-elect Barack Obama’s nominee for attorney general, is scheduled to appear today at a confirmation hearing before the Senate Judiciary Committee. The Op-Ed page asked five legal experts to pose the questions they would like to hear the nominee answer.

1. Do you believe the president has authorities under the Constitution’s executive power and commander in chief clauses on which Congress cannot impinge? What are they?

2. Will you give legal approval to covert counterterrorism actions that you believe are lawful but which you know will engender legal and political controversy if made public? What factors other than your best legal judgment will you consider?

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The New York Times has 5 questions for Obama's nominee for attorney general. Tom