KAGAN REACTION – AT 7:35 P.M. ET:  Republicans are reacting cautiously to the nomination of Solicitor General Elena Kagan to the Supreme Court.  The Politico reports:

Key Senate Republicans who already voted to confirm Elena Kagan as solicitor general were quick to point out that their previous support does not guarantee they will back her for a lifetime appointment to the Supreme Court.

Republicans such as Orrin Hatch and Jon Kyl – both yes votes in 2009 on Kagan — blasted statements within minutes of Monday morning's Supreme Court announcement, emphasizing that their previous support was not indicative of what their votes will be when the former Dean of the Harvard law school comes before the Senate for the nation's highest court, likely in July.

“As I made clear when I supported her confirmation as Solicitor General, a temporary political appointment is far different than a lifetime appointment to the Supreme Court,” Kyl said. “Every senator has a constitutional duty to scrutinize judicial nominees, and I will take great care in examining her record to ensure that she possess the qualities the American people expect in our Supreme Court Justices.”

The Minority Whip from Arizona joined Republicans Hatch, Tom Coburn of Oklahoma, Olympia Snowe and Susan Collins of Maine, Judd Gregg of New Hampshire, and Richard Lugar of Indiana in confirming Kagan as Solicitor General in a 61-31 in March 2009.

COMMENT:  I suspect this is more posturing than anything else.  Unless there's a smoking gun somewhere, which would mean Democrats turning against her, Kagan will be confirmed. 

The biggest rap on her nomination is her record of opposing military recruiters at Harvard over the "don't ask, don't tell" policy of the armed services.  However, Kagan can easily explain this as a reflection of Harvard policy, rather than any antagonism toward the military. 

Ironically, Kagan may face some opposition from the fringe left, which feels she didn't hire enough minorities when dean of Harvard Law.  If that opposition becomes more heated, it could conceivably peel away enough Democratic senators to deny Kagan her confirmation.  However, I don't think it will.  Although nothing was made of it today, she is apparently gay, and I really don't think the left will actively oppose the first gay nominee to the Supreme Court.

May 10, 2010