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Former Congressman Pat Toomey broke form some conservatives in backing President Obama's nomination of Justice Sonya Sotomayor, but in an oped piece in Monday's Post-Gazette, he offers a thumbs-down on Elena Kagan.

"Ms. Kagan's record lacks the clear evidence of impartiality that Justice Sotomayor's had. Her positions on the Commerce Clause and First Amendment suggest a view of federal power that extends far beyond constitutional boundaries. And her treatment of military recruiters raises doubts about whether her decisions are guided more by policy preferences than respect for the law."

Mr. Toomey's essay elaborates on his reservations about Ms. Kagan compared to the last Supreme Court nominee.  Another difference between them, according to the Gallup Poll,  is that Justice Sotomayor was considerably more popular a the time of her confirmaition vote.






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