“If confirmed, [Elena] Kagan would be the first successful nominee in recent years whose nomination was backed by less than a majority of Americans in the final [Gallup] poll before the Senate confirmation vote,” reports the Gallup polling service. According to Gallup’s poll, only 44% of Americans support Kagan’s confirmation, versus 34% who oppose, while 22% have no opinion.

By contrast to Kagan’s 44% support (with a 10-point margin of support over opposition), Sonia Sotomayor had 55% support (with a 19-point margin), Samuel Alito had 54% support (with a 24-point margin), and John Roberts had 60% support (with a 34-point margin).