Washington awoke to somber news Monday morning. Senator Robert Byrd (D-WV), the longest-serving member of Congress, passed away over the weekend at a local hospital. While numerous ceremonies and memorials are planned for the upcoming days and weeks, members of both chambers vowed to continue with official business during this time. From confirmation hearings to pending legislation, both the Senate and House look to be quite active before heading back to their districts during the Independence Day holiday recess.

First elected to the House of Representatives in 1952 and later to the Senate in 1958, Senator Byrd would later go on to hold almost every top leadership in the Senate, including two stints as majority leader as well as chairman of the Appropriations Committee.

While Byrd's critics point to his time spent as a member of the Ku Klux Klan and his early anti-segregation policies as the foundation for his decision-making, Byrd came to accept his faults in later years and acknowledged the misguided ideologies of his youth. An ardent supporter of the Constitution, Byrd will most be remembered for the numerous appropriations dollars he sent to communities in West Virginia. More than 33 projects have been named in his honor, from a community center to a federal courthouse to a West Virginia travel-and-hospitality center.

Moving forward, it's uncertain who will assume the late senator's seat and for how long. West Virginia Governor Joe Manchin III (D) likely will appoint an interim successor. Under the state's election code, if a vacancy is declared more than 30 months before a senator's term expiress, an interim appointee will serve until a special election is held. Byrd passed away 30 months and six days before the end of his term, January 3, 2013.

According to The New York Times, Natalie Tennant, the West Virginia secretary of state, interpreted state law to conclude that the interim senator would serve until the November 2012 election. Republicans at first were considering a challenge to that interpretation, but they now appear resigned to a two-year appointment.

No doubt many in Washington will keep their eyes on the governor's actions over the coming days while they remember the long-standing senator.

Kagan Confirmation Hearing Begins This Week

The Senate Judiciary Committee is set to open this week its confirmation hearing on Supreme Court nominee Elana Kagan, who is President Obama's choice to replace retiring Supreme Court Justice John Paul Stevens. Kagan's nomination has drawn interest, and ire, from numerous groups over the past few weeks following the release of her writings over the years.

With Democrats controlling 59 seats, Senate Republicans recognize that they are unlikely to defeat Kagan's nomination in an up-or-down vote, barring an exodus of support. A filibuster would be the only way to ensure that Kagan did not reach the high court, but many consider it unlikely because Kagan's ideology has not produced the "extreme circumstances" Republican's said would trigger the procedure.

Instead, Republicans will argue that while Kagan may become a justice, Obama should be chided for nominating a poor candidate to the bench. In this election season, Republicans hope that this will be yet another reason for voters to shy away from Democrats.

Elena Kagan and Vice President Joe Biden react to
President Barack Obama's announcement of Kagan
as Supreme Court nominee.
-- Source: White House Photo, Lawrence Jackson.

In fact, as additional writings by Kagan are made public, more than just staunch Republican groups are calling her credentials into question.

The National Bar Association, whose membership is mainly African-American lawyers, is among a growing number of groups interested in learning more about Kagan's stance on civil rights issues. Her previous writings point to what groups on both sides believe are unclear stances on gun-rights, access to abortion procedures and military recruiting, among other issues.

Democrats have rallied behind Kagan, calling her an independent thinker and brilliant legal mind who would bring a different perspective to the high court because she has not previously served on the bench.

The hearing is set to begin Tuesday morning, with each senator expected to have 30 minutes to question the nominee.

Legislation Left on the Table

The Senate failed last Thursday night for the third and final time to pass the American Jobs and Closing Tax Loopholes Act (HR 4213). While many have begun to write the bill's post-mortem, some in the Senate are calling for individual aspects of the bill to be brought to the floor on their own. From continued unemployment benefits to the repeal of carried interest, pieces of the bill could be revived.

Of interest to many senators from New England, where unemployment rates hover around eight percent, the unemployment benefits for many Americans are set to expire at the end of June. Senator Olympia Snowe (R-ME) has joined a group of senators who contacted Senate Majority Leader Harry Reid (D-NV) over the past few days to see if a standalone unemployment measure can be brought to the floor. With many pointing to numbers such as the estimated 1.2 million Americans who will lose their unemployment benefits should Congress fail to act, Snowe believes it to be imperative for the Senate to act to help stave off further financial woes.

It's unclear, however, whether even a standalone bill would pass. Many in Washington are pointing to the deficit as reason enough to vote against a this type of measure, especially in an election year, when Senators from states with double-digit unemployment are shying away. Senator Bob Corker (R-TN) has said that even though America's unemployed are hurting, he cannot "... in good conscience continue voting for bills that aren't paid for."

Up next for the Senate is the small-business jobs package. Pushed by President Obama more than a month ago, the legislation is expected to be discussed this week. "This legislation should ensure that creditworthy small business owners can get the capital they need to expand and create jobs," Obama said.

Only time will tell if Senators will vote for a measure that some say will increase jobs, but others say it will only add to the deficit without generating immediate revenue.