Senate Republicans Told To 'Keep Their Powder Dry' Until Kagan Hearings End

During a break in the action at Elena Kagan's Supreme Court hearings on Wednesday morning, Republican Sen. John Cornyn (R-TX), when asked by reporters if he thought the solicitor general would be confirmed, replied: "I assume she will be."

Another Republican on the Senate Judiciary Committee, Sen. Jon Kyl (R-AZ) followed up by saying that there is "no Republican position" on whether GOP senators will attempt to use a filibuster to block the nomination of Kagan, who is in her third day of hearings before the committee.

Kyl noted, unprompted, that with 41 votes in the Senate, it would be "pretty difficult" for the party to sustain a filibuster when Kagan's nomination moves, as expected, from the committee to the Senate floor.

"We're not trying to get Republicans to vote one way or another," said Kyl, adding that GOP senators have been asked to "keep their powder dry" until Kagan's hearing wind up this week.



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