Sen Ben Nelson, D-Neb., announced Friday that he will not support Elena Kagan to be the next Supreme Court justice.

In a statement from his office, Nelson said, "I have heard concerns from Nebraskans regarding Ms. Kagan, and her lack of a judicial record makes it difficult for me to discount the concerns raised by Nebraskans, or to reach a level of comfort that these concerns are unfounded. Therefore, I will not vote to confirm Ms. Kagan’s nomination."

While it is not yet known if Republicans will filibuster Kagan (key members have said they don't expect one), Nelson makes it clear he will not support one. Nelson often takes this position citing his experience as a former governor responsible for putting forward judicial nominees to the legislature.

Meanwhile, Kagan received her fifth GOP yes vote, this time from yet another New moderate. Sen Judd Gregg, R-N.H., joins Senators Susan Collins and Olympia Snowe of Maine, along with Senators Dick Lugar, R-Ind., and Lindsey Graham of South Carolina.