So, scratch this as a reason Kagan shouldn't be confirmed.
Note to media: 40 of 111 Supreme Court justices had no prior judicial experience
May 10, 2010 10:42 am ET by Media Matters staff
Media figures have advanced the myth that judicial experience is a pre-requisite for a Supreme Court justice. In fact, two of the last four previous chief justices -- William Rehnquist and Earl Warren -- had no judicial experience when first nominated to the Court by Republican presidents. Neither did other famous justices, including Felix Frankfurter, Louis Brandeis, and John Marshall, known as the "Great Chief Justice."
Rehnquist, Warren, Frankfurter, Brandeis, and Marshall are far from alone. Indeed, according to Findlaw.com's Supreme Court Center, 40 of the 111 Supreme Court justices had no judicial experience when they were first nominated.The list from Findlaw.com, at link~
http://mediamatters.org/blog/201005100018