From The New York Times editorial:
She deserves confirmation as an associate justice....
Ms. Kagan made it clear that justices need not always bow to the intentions of the Constitution’s authors. She said many of their ideas need to be reinterpreted in light of later advancements, citing search and seizure procedures and whether the First Amendment has anything to do with libel. She rejected the notion that constitutional interpretation is merely a robotic task of calling balls and strikes. [read more]Ms. Kagan may be a fine lawyer. Lawyers achieve grand reputations by winning cases on fine technicalities that often turn the intent of laws on their heads. The question is whether we want a Supreme Court that judges the arguments of lawyers in the same fashion.
"...it means a loyal willingness to say that black is white when Party discipline demands this. But it means also the ability to believe that black is white, and more, to know that black is white, and to forget that one has ever believed the contrary." George Orwell - "1984"