Elena Kagan Moves One Step Closer to Hearing Florida's Health-Care Lawsuit

The Senate Judiciary Committee voted 13-6 Tuesday to approve Soliciter General Elena Kagans nomination to the U.S. Supreme Court.

If confirmed by the Senate as expected early in August, the nine-member court will have four Democratic appointees for the first time since 1971.

Kagan, who would replace retiring John Paul Stevens, has indicated she would not recuse herself from hearing a lawsuit filed by Florida and 20 other states challenging the new federal health-care law.

Though serving as the government's chief litigator,Kaganasserted that she had no involvement in discussing the government's response to the suit filed this spring.

"I attended at least one meeting where the existence of the litigation was briefly mentioned, but none where any substantive discussion of the litigation occurred," Kagan wrote in a letter to Republican Judiciary Committee members.

Kagan said she was never asked her opinion of any legal issues relating to the health-care law.

Sen. Lindsey Graham, R-S.C., was the lone Republican on the committee who voted to approve Kagan's nomination.