Barring the unexpected, the U.S. Senate should vote this week to confirm Solicitor General Elena Kagan to the U.S. Supreme Court. The suspense now is the exact tally, and Kagan heads into the vote in a slightly worse position than Justice Sonia Sotomayor a year ago.

One moderate who supported Sotomayor, Sen. Lamar Alexander (R-Tenn.), has said he will vote against Kagan because, as Harvard Law School dean, she denied military recruiters the help of the school’s career services office. The incident, Alexander said in a statement, shows she would use the Court “to advance her own policy preferences.” Alexander voted against Kagan for solicitor general, too.

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