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Elena Kagan's nomination was opposed in part because some Senators had reservations about her lack of judicial experience. Unlike the other eight members of the bench, Kagan had never served as a federal appellate court judge, and did not begin arguing cases until she became US Solicitor General in 2009. Some believed she was unqualified for these reasons.

Most of the resistance, however, was due to partisan politics. The Democrats and Republicans have developed an antagonistic relationship and often refuse to support each other's goals and legislation. In the past, some Supreme Court justices were confirmed by a unanimous Senate.

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