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Mass. Republican Sen. Brown Votes Against Kagan

This article is more than 9 years old.

Former Harvard Law School Dean Elena Kagan has been confirmed as a U.S. Supreme Court justice even without the vote of Republican Sen. Scott Brown of Massachusetts.

The first-term senator was widely regarded as a potential Republican vote for President Barack Obama's nominee, who already had the backing of five other Republicans and was assured of confirmation by the Democratic-controlled Senate.

But Brown announced he would vote against Kagan just hours before her confirmation vote on Thursday in Washington. Kagan was confirmed at the 112th justice in the nation's history by a margin of 63-37.

Brown says in a statement that he considers Kagan brilliant, but that he can't vote for a Supreme Court nominee who doesn't have judicial or courtroom experience.

Kagan has most recently served as the Obama administration's solicitor general.

This program aired on August 5, 2010. The audio for this program is not available.

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