Should conservatives oppose or not  oppose the nomination of Elena Kagan to the Supreme Court?

Several prominent conservatives have taken the “confirm the liberals if they’re clean” approach to Kagan  Among them is Miguel Estrada, a prominent member of the Federalist Society who was nominated to the U.S Court of Appeals for the District of Columbia Circuit by President Bush, but denied a confirmation vote by a Democratic-led filibuster in the Senate that survived seven cloture attempts).  Late last Friday afternoon, Estrada sent out a “shocker.” He wrote a letter to the Senate Judiciary Committee endorsing Kagan’s nomination to the Supreme Court.

Hailing the lady he called “Elena” for her “formidable intellect” and “exemplary temperament,” Estrada warned that “[i]f such a person who has demonstrated great intellect, high accomplishments and an upright life is not easily confirmable, I fear we will have reached a point where no capable person will readily accept a nomination for judicial service.”

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