Democratic Sen. Ben Nelson says he'll vote against confirming Elena Kagan as a Supreme Court justice.
The Nebraskan's announcement in a statement posted Friday evening makes him the first Democrat to say he'll break with his party to oppose President Barack Obama's nominee.
Nelson says he's heard concerns from his constituents about Kagan, the 50-year-old solicitor general and former Harvard Law School dean. And he says her lack of judicial record makes it impossible to know whether their worries are unfounded.
The Senate is expected to vote next week on Kagan's nomination, and Democrats have more than enough votes to confirm her. Five Republicans have said they'll also vote "yes."
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