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Kagan's path to Supreme Court clears as senators pledge support

Supreme Court nominee Elena Kagan testifies during her

Supreme Court nominee Elena Kagan testifies during her confirmation hearings on Capitol Hill. (June 29, 2010) Credit: AFP / Getty Images

WASHINGTON - U.S. Solicitor General Elena Kagan's elevation to the Supreme Court appeared virtually assured Wednesday as a majority of senators declared their support for her nomination as the debate over her confirmation entered its second day.

Kagan, 50, was tapped by President Barack Obama in May to replace the retired Justice John Paul Stevens. A floor vote on the nomination is likely Thursday, and Republicans are not expected to attempt a filibuster.

For some senators, however, their decision may have consequences beyond confirming the nation's 112th justice. Several Democrats casting votes are locked in tight re-election struggles, including Sen. Blanche Lincoln, a moderate from Arkansas who is battling Rep. John Boozman to return to the Senate.

Lincoln's office said Wednesday the senator will vote to confirm Kagan. But when Lincoln took to the Senate floor in the afternoon, she spoke at length about a child nutrition bill and didn't mention the nominee at all.

Sen. Barbara Boxer (D-Calif.) announced that she too will back Kagan, praising her as a "role model for women entering the legal profession." Boxer's opponent in the Senate race, Republican Carly Fiorina, immediately followed with a statement saying she opposed Kagan's confirmation. "Her complete lack of judicial experience coupled with a public record that sheds minimal light on how she would execute [her] duties gives me great pause about her qualifications," Fiorina said.

Kagan has never been a judge and has spent much of her career in academia and as a policy adviser in the Clinton administration.

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