Elena Kagan gets fire from Democrats as well as Republicans

Nebraska Democrat Ben Nelson announced late Friday he would vote against the confirmation of Supreme Court nominee Elena Kagan.

In a statement released this evening, Sen. Nelson said, “I have heard concerns from Nebraskans regarding Ms. Kagan, and her lack of a judicial record makes it difficult for me to discount the concerns raised by Nebraskans, or to reach a level of comfort that these concerns are unfounded. Therefore, I will not vote to confirm Ms. Kagan’s nomination.”

Nelson is the only Democrat to oppose Kagan at this point. Five Republicans, on the other hand, have said they will support Kagan’s nomination, giving her more than enough votes to win confirmation. A vote is expected in the Senate late next week.

Nelson has sided with Republicans on a number of votes in the past, most recently the restoration and extension of unemployment benefits for the long-term jobless.

Nelson did note that if a procedural vote is held on Kagan, he will not filibuster, since he believes Kagan deserves an up or down vote. But on the final vote, Nelson is a no.


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