Senate Minority Whip Jon Kyl (R-Ariz.) sketched out this morning the arguments Republicans could make against Elena Kagan during her confirmation process.
In an interview with Fox News, Kyl said his vote to confirm Kagan as Solicitor General doesn't necessarily mean he'll suport her this time around.
"I made it clear that for the temporary position of solicitor general, a position that she might hold for a matter of maybe four years at most, that I could overlook her relative lack of experience and lack of knowledge about her background," Kyl said.
By contrast, "this is a lifetime appointment now that the president has nominated her for."
Kyl went on to outline his concerns about Kagan:
There are two key things that all lead to a central point. The first is the relative lack of experience. And I'm not suggesting that anyone has to have been a judge to serve as a justice -- though that is a good experiential basis for it. But her experience is pretty thin, practicing law only for a couple of years for example.
And that leads to the second inquiry and that is, what does she really believe? She has written very little. She has taken very few policy positions, and the one policy position that she took in favor of gay rights when she was dean of the Harvard Law School, directly contrary to congressional law, the so-called Solomon Amendment, troubled many, her decision in effect to put her own gay rights agenda above U.S. law.
That's if you are going to take federal money you have to allow military recruiters on campus, is certainly troubling, so, A, the lack of experience and, B, the lack of anything to judge that experience by.