Elena Kagan's nomination has so far escaped the attacks that overwhelmed Robert Bork's in 1987. Kagan has operated largely under the radar since President Obama nominated her on May 10. Unlike Bork, she lacks a bookshelf of controversial writings, speeches, and other provocative chatter for opponents to mine. And the Senate's Democratic majority is more lopsided than it was in 1987 -- 59 (including independent Bernie Sanders of Vermont) to 41 Republicans.

Nonetheless, the 50-year-old former Harvard Law School dean has not closed the sale with the public; poll numbers show uncertainty and even some uneasiness about her nomination. A recent USA Today/Gallup survey found that Kagan's popular support -- 46 percent -- is lower than that of five of the last seven nominees in the first polls taken after their selection. Only Bork and Harriet Miers, whose confirmation was favored by just 44 percent of respondents after President Bush nominated her on October 3, 2005, attracted less support. Bush withdrew Miers' name 25 days later amid a revolt by conservatives who saw her as not sufficiently committed to their issues.

A Senate Democratic aide noted that because so little is known about Kagan -- and because she has said nothing publicly except a few remarks on the day she was nominated -- the hearings take on greater importance and give her a chance to make a favorable public impression.

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