Sen. Jeff Sessions, the ranking Republican on the Senate Judiciary Committee, said Wednesday that his party would not filibuster Elena Kagan's Supreme Court nomination. 

Sessions (Ala.) criticized Kagan, President Obama's solicitor general, for lacking judicial experience and having liberal legal views. But he said the Senate is "not prepared" to filibuster her nomination, despite his concerns. 

"I do believe a filibuster is a high-burden," he said on ABC's "Top Line" webcast. "I'm not prepared to do that. The Senate is not prepared to do that at this point."

In several interviews leading up to Kagan's confirmation vote, Sessions said that a filibuster of Kagan would be unlikely, but refused to take the procedural tool off the table. 

The Senate is expected to vote to confirm Kagan on Thursday. With five Republicans indicating they will support her, she is expected to be put on the court.

Also, since five Republicans support her, a Republican filibuster would be impossible to uphold.

Only one Democrat, Sen. Ben Nelson (Neb.), has said he will vote against the former Harvard Law School dean.