Republicans are already throwing the words of Elena Kagan back at her. She once called Supreme Court nominee hearings 'vapid.' GOP senators are challenging her to open up.
The remarks, however, are likely to mean little in the confirmation hearings – not yet scheduled – unless Kagan herself takes the Republican bait. In the end, neither Kagan’s past remarks nor her lack of a judicial record is likely to have a determining factor on her candidacy.
There is nothing to suggest that Kagan will have to be any more forthcoming in her opinions than other nominees have been.
Perhaps the opposite could even be true. As a nominee who so far lacks any flash points regarding her candidacy – no Sotomayor-esque “wise Latina” remark, for example – the less she strays from script the less likely she is to stir up trouble.