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Kagan Newest NYC Gal On High Court

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Elena Kagan

Elena Kagan (credit: Chip Somodevilla/Getty Images)

WASHINGTON (AP/CBSNewYork.com) – A year after Bronx native Sonia Sotomayor became the third woman to serve on the Supreme Court, the Senate confirmed Manhattanite Elena Kagan as the 112th justice and fourth woman on the country’s high court.

The vote was 63-37 for President Barack Obama’s nominee to succeed retired Justice John Paul Stevens.

Five Republicans joined all but one Democrat and the Senate’s two independents to support Kagan, who was born and raised on Manhattan’s Upper West Side. In a rarely practiced ritual reserved for the most historic votes, senators sat at their desks and stood to cast their votes with “ayes” and “nays.”

Kagan’s brother Irving Kagan said Thursday’s confirmation would have been an incredible dream for their parents, who wanted to give back to the United States.

He said the news would have been impossible to think about for their immigrant grandparents, who came over to the U.S. as children and didn’t have high school educations.

Kagan isn’t expected to alter the ideological balance of the court, where Stevens was considered a leader of the liberals.

But the two parties clashed over her nomination. Republicans argued that Kagan was a political liberal who would be unable to be impartial. Democrats defended her as a highly qualified legal scholar.

She is the first Supreme Court nominee in nearly 40 years with no experience as a judge, and her swearing-in will mark the first time in history that three women will serve on the nine-member court together.

Her lack of judicial experience was the stated reason for one fence-sitting Republican, Sen. Scott Brown of Massachusetts, to announce his opposition to her confirmation Thursday, just hours before the vote.

Though calling her “brilliant,” Brown — who had been seen as a potential GOP supporter — said she was missing the necessary background to serve as a justice.

“The best umpires, to use the popular analogy, must not only call balls and strikes, but also have spent enough time on the playing field to know the strike zone,” Brown said.

Watching the vote on TV at her home in Queens, Kagan’s high school social studies teacher Anna Morello couldn’t contain her excitement when the confirmation was finalized.

The 75-year-old Morello said she didn’t quite jump, but she did lift herself out of her seat and throw her arms in the air.

(TM and Copyright 2010 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2010 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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