Sen. Lindsey Graham got it entirely right Tuesday when he voted to send Elena Kagan’s Supreme Court nomination to the full Senate.
He was the only Republican on the Senate Judiciary Committee to do so, saying that while he didn’t agree with her philosophically, she was clearly qualified for the job.
In taking a principled stand, the South Carolina senator showed exactly what the confirmation process ought to be about.
At the same time, he put himself in political peril, which is a shame. There already is talk Graham may face a primary in his next election, which isn’t until 2014.
The actions of the South Carolina senator angered party hard-liners, but they also shined a light on the increasingly partisan nature of the judicial confirmation process.
We’ve said it before and we’ll say it again: It is not the job of the Senate to apply a political or philosophical litmus test to court appointees.
And it’s not just Republicans who have engaged in these tactics, though they are in the spotlight these days since there is a Democratic president in office.
Democrats have done the same. Sen. Richard Durbin, D-Ill., said as much this week when he elaborated on how the Kagan vote and Graham’s comments made him rethink his previous votes on Miguel Estrada.
Estrada, a conservative, was nominated for a federal appeals court position by then-President George W. Bush. The nomination of Estrada, widely described as a strong candidate, was filibustered by Democrats for what appeared to be political reasons.
We’re glad Kagan’s nomination seems on track to be confirmed by the full Senate, but we remain troubled by the destructive effect of politics on the nomination process.
