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Webb stays mum ahead of Kagan vote

Update 3:50 p.m.: Webb voted for Kagan, joining all but one of his Democratic colleagues in favor as the nominee was approved, 63-37.

Original Post: The Senate's vote on whether to confirm Elena Kagan to the Supreme Court is just a few hours away, so Virginians wondering how their senior senator feels about the nominee don't have too much longer to wait.

As of Thursday morning, James Webb (D) had yet to say whether he would vote to confirm Kagan to the high court. According to C-SPAN's tally, Webb is one of just six senators who have stayed mum. The other 94 have gone public with their plans, including Sen. Mark Warner (D-Va.), who announced his support for Kagan on July 30.

Can we hazard a guess at how Webb will vote? Asked in a Senate hallway Wednesday by a Politico reporter, Webb said, "I'm not a no," though he did add that he had some "2nd Amendment concerns" about her. (Isn't "not a no" actually a "yes"? In theory, it could mean "present." Or "undecided.") Asked to clarify, Webb spokeswoman Jessica Smith said, "Senator Webb rarely takes strong public positions in advance of a vote, but he had a productive discussion with Elana Kagan last month, covering a host of issues."

Indeed, Webb isn't known for thinking out loud on these matters. When President Obama nominated Sonia Sotomayor to the Supreme Court in May 2009, Webb issued a statement praising her "compelling life story" and "life of great legal achievement," but didn't say whether he would vote for her. And he never did say, up until the day he voted to confirm her in August.

(Follow the Kagan vote on The Post's vote tracker.)

By Ben Pershing  |  August 5, 2010; 11:21 AM ET
Categories:  Ben Pershing , James Webb  
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What he is know for is pretending to be undecided on an issue but ultimately siding with the Democratic party line.

I'd wager he is a Yes vote. If he were up for re-election this year it could be a no but since he has some time, it will be a yes.

Posted by: fighterDC | August 5, 2010 12:55 PM | Report abuse

per the update to this article that Webb voted for Kagan...gee what a surprise.

Posted by: fighterDC | August 5, 2010 4:05 PM | Report abuse

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