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Scott Brown will vote 'no' on Kagan


We still do not have an exact time for SCOTUS nominee Elena Kagan's confirmation vote today. The Senate leaders have yet to reach an agreement.

(This is more than likely because Harry Reid and Mitch McConnell are struggling to strike a deal of other non-Kagan related matters and have lumped the timing of Kagan's vote into the mix.)

That said, the best guess is that the vote will happen sometime between 5:00-7:00 pm ET.

But whenever the vote takes place, one Republican who won't be voting her is Massachusetts Sen. Scott Brown (R). His rationale: experience.

First, let me say that I have a great deal of respect for Elena Kagan. She has an impressive resume, and in my private meeting with her I found her to be brilliant, as you might expect from a former dean of Harvard Law School. However, I cannot vote to confirm Elena Kagan. The reason is simple. I believe nominees to the Supreme Court should have previously served on the bench. Lacking that, I look for many years of practical courtroom experience to compensate for the absence of prior judicial experience. In Elena Kagan's case, she is missing both. When it comes to the Supreme Court, experience matters. No classroom can substitute for the courtroom itself, where decisions are made that affect the day-to-day lives of American citizens, and where one's judicial character and temperament is shaped in favor of the fair and just application of the law. The best umpires, to use the popular analogy, must not only call balls and strikes, but also have spent enough time on the playing field to know the strike zone. Therefore, I cannot support Elena Kagan's nomination.

However, it's striking that Brown doesn't seem to believe that actually arguing cases before the Supreme Court -- as Kagan has done from 2009-2010 as the administration's Solicitor General -- is spending time "on the playing field."

*** UPDATE *** As NBC's Domenico Montanaro reminds us, Brown helped INTRODUCE Kagan at her confirmation hearing.