Nebraska's Nelson first Democratic senator to oppose Kagan

WASHINGTON (Reuters) - Nebraska Senator Ben Nelson has announced he will oppose the nomination of Elena Kagan to the U.S. Supreme Court, making him the first Democrat to declare against her.

"I have heard concerns from Nebraskans regarding Ms. Kagan, and her lack of a judicial record makes it difficult for me to discount the concerns," Nelson said in a statement issued late on Friday.

While the break in his party's ranks is unlikely to be welcomed by President Barack Obama, it may make little practical difference for Kagan's chances.

Kagan, who has served the past year as Obama's solicitor general, has broad support among the rest of the Senate's Democratic majority and is expected to get at least some Republican votes as well.

Nelson also said he would oppose any attempt to block the nomination by a filibuster because he believes Kagan "deserves an up-or-down vote in the Senate."

Nelson's statement did not elaborate on the concerns about Kagan his constituents expressed.

But he is considered one of the Senate's most conservative Democrats. Kagan, a former Harvard Law School dean, has come under fire from conservatives and other critics for a lack of judicial experience and a background of Democratic political activism.

Supporters say she will be fair-minded and has vowed to rule on cases based on law, not ideology, and point to her top rating from the American Bar Association.

If Kagan is confirmed -- a Senate vote is expected this month -- and does in practice vote with the more liberal justices, it will make little difference in the court's recent balance since she will replace its leading liberal, retired Justice John Paul Stevens.

(Reporting by Jerry Norton; Editing by Jonathan Oatis)