Senate confirms Kagan as 112th justice - Yahoo! News The vote was 63-37 for President Barack Obama's nominee to succeed retired Justice John Paul Stevens. Just one Democrat â€” centrist Sen. Ben Nelson of Nebraska â€” crossed party lines to oppose Kagan. A handful of mostly moderate Republicans broke with their party to back her: Maine Sens. Susan Collins and Olympia Snowe, South Carolina's Sen. Lindsey Graham, retiring Sen. Judd Gregg of New Hampshire, and Indiana Sen. Richard Lugar.