Judd Gregg Backs Elena Kagan, Fifth Republican To Do So

WASHINGTON — Republican Sen. Judd Gregg says he plans to vote to confirm Elena Kagan as a Supreme Court justice.

The retiring senator from New Hampshire says Kagan is qualified to serve on the high court, although she may have a different political philosophy than he does.

Gregg's announcement in a statement Friday makes him the fifth Republican to break with his party and back President Barack Obama's nominee. He says confirmation should be based on qualifications, not ideological litmus tests or political affiliation.

The Senate plans a vote next week on Kagan, and majority Democrats have more than enough votes to confirm her. She's in line to succeed retired Justice John Paul Stevens.