UH-OH, prepare for a hideous wailing and gnashing of teeth

Moderate Republicans back Kagan on hot-button issues

Top Republicans have also highlighted the fact that Kagan has never served as a federal judge, something that distinguishes her from all nine current members of the high court.

If party moderates break from the GOP leadership on these issues, it dramatically increases Kagan’s chances of overcoming a possible filibuster and winning confirmation as the country’s 112th Supreme Court justice.

Massachusetts GOP Sen. Scott Brown — who broke the Democrats’ 60-member filibuster-proof majority by winning the late Ted Kennedy’s seat in January — said after meeting with Kagan that he is satisfied she supports members of the military.

“It was the first question I actually asked her because, having been in the military, I had concerns about [her] position at Harvard,” Brown said.

“It was very clear to me, after we spoke about it at length, that she is supportive of the men and women who are fighting to protect us and very supportive of the military as a whole. I do not feel that her judicial philosophy will not hurt the men and women who are serving.”