VOL. 4 NO. 63 POLITIwednesday, may 12, 2010 CO www.politico.com • Kagan Nomination • Energy Bill Offers Billions in Credits Emissions would be cut 80 percent by 2050 According to a cryptic draft SCOTUS summary circulated on Capitol By Je a n n e Cu mm i n g s reduce harmful emissions into Hill on Tuesday night, the legis- the atmosphere. lation seeks to reduce harmful Fight to APx The long-awaited energy bill The legislation, called the emissions by 17 percent by 2020 Sen. John Kerry that will be introduced in the Sen- American Power Act, was drafted and 80 percent by 2050. ate on Wednesday provides for by Sens. John Kerry (D-Mass.), It would impose a national set Focus on billions of dollars in consumer Joe Lieberman (I-Conn.) and of emission standards that would refunds and tax credits to offset Lindsey Graham (R-S.C.) in con- result in the shuttering of two AP price hikes, while the nation tries sultation with business and envi- Sen. Lindsey Gay Rights to wean itself from foreign oil and ronmental groups. See energy on Page 21 Graham Left and right question Kagan’s views, record

By Ca r o l E. Le e 2010’s President Barack Obama has always treaded lightly around the Day of topic of gay rights, sidestepping a full-on culture war over an issue critical to part of his base. But as much as race or abortion Reckoning have dominated past Supreme Court confirmation hearings, gay May 18 — and events rights are likely to play a more central role in the upcoming fight next week — could shape over Elena Kagan than they have the midterm story line for any previous nominee. Already, conservatives are try- ing to paint Kagan as a guaran- By Ch a r l e s Ma h t e s i a n teed liberal vote for issues like gay marriage. Yet on the left, the Never mind Tuesday’s primary results. response to Kagan has been split The big enchilada is next week, May 18, a — those who are skeptical of Ka- date that ranks as the most important of gan’s support for gay rights issues the election calendar so far. and those who are glad to have a Just four states — Arkansas, Kentucky, nominee they believe will side in Oregon and Pennsylvania — will go to the their favor down the line. polls that day, but the ballot will be packed Kagan’s biggest vulnerability with marquee elections that will provide is her position against “don’t ask, the broadest and most detailed data to date don’t tell,” the ban on gays openly about the toxicity of the political environ- serving in the military, which led ment and the intensity of anti-establish- to her decision as dean of Harvard May 18 is a ment fury. Law School to bar military recruit- big day for And the action doesn’t stop there: Four ers from the school’s campus. GOP insur- days later, on May 22, a closely watched But Kagan lacks the long paper gent Rand special election in Hawaii offers Republi- trail of past nominees, so critics Paul (cen- cans a serendipitous opportunity to pick and supporters alike are also fo- ter) and up a House seat in one of the most Demo- cusing on the other clues to her Democrats cratic states in the nation. positions. During her solicitor Blanche While the third week of May isn’t the general confirmation hearing, for Lincoln most crowded in terms of sheer number instance, she asserted that “there and Arlen of elections — that would be the second Specter. See kagan on Page 16 AP See big day on Page 21 McConnell Locks Up After Bennett Loss, Support for Next Term Hatch Hears Footsteps

By Ma n u Ra j u picked candidate in the Kentucky By Da v i d Ca t a n e s e Sen. ’s expected Senate race, Trey Grayson, fail to bid for a seventh term won’t hap- Senate Minority Leader Mitch a quell the tea-party-fueled candi- The Republican delegates pen until 2012 — a lifetime away McConnell has seen his closest dacy of Rand Paul, who’s on track who unceremoniously dumped in political terms. But while it’s adviser, Utah Sen. Bob Bennett, to win next week’s primary there. Sen. Bob Bennett at their state impossible to predict the level of react too slowly to the conser- But McConnell is not letting convention last weekend also left anti-establishment fervor or the vative rebellion that knocked that happen to himself. an ominous warning for their lon- staying power of forces like the him out of his state’s Republican ap gest-serving senator: You could primary. And he’s seen his hand- See mcconnell on Page 22 Utah Sen. Orrin Hatch be next. See hatch on Page 15 inside white house news energy click New land preservation plan Citizens United critics have BP spill could prompt new ap Only in D.C.: Bill Frist and Michelle irks Western Republicans. questions about Kagan. push for new energy sources. Obama are pals. Page 3 Page 6 Page 25 Page 33