Nelson first Democrat to oppose Kagan

Sen. Ben Nelson (D-Neb.) took Senate Democrats by surprise late Friday when he announced he will oppose Elena Kagan for the Supreme Court.

Nelson’s opposition makes him the first Democrat to oppose an Obama pick for the Supreme Court. He had previously supported Kagan for her confirmation as solicitor general, and Sonia Sotomayor for her current seat on the high court.

“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,” he said in a statement.

He added that he would not support a filibuster of the final vote.

Five Republican senators — Olympia Snowe (Maine), Susan Collins (Maine), Richard Lugar (Ind.), Judd Gregg (N.H.) and Lindsey Graham (S.C.) — have said they will vote for Kagan’s confirmation. All had also voted to confirm Sotomayor. 

President Obama nominated Kagan in May. Her approval is expected in early August, before the Senate recesses.