Washington (CNN) – Sen. Ben Nelson said Friday that he will not support Elena Kagan's nomination to the Supreme Court, but will vote for the cloture, a move that will help bring the nomination to an up or down vote.
"As a member of the bipartisan 'Gang of 14,' I will follow our agreement that judicial nominees should be filibustered only under extraordinary circumstances," Nelson said in a statement. "If a cloture vote is held on the nomination of Elena Kagan to the U.S. Supreme Court, I am prepared to vote for cloture and oppose a filibuster because, in my view, this nominee deserves an up or down vote in the Senate."
But one yes vote doesn't lead to another, the Nebraska Democrat said.
"However, 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," Nelson said.
The current solicitor general and former Harvard Law School dean is expected to easily win confirmation, but likely with less Republican support than the nine GOP votes Justice Sonia Sotomayor garnered a year ago.
Update 7:01 p.m. ET:
In a statement released Friday evening, Sen. Judd Gregg, R-New Hampshire, said that he will vote in favor of Kagan's nomination.
"Ms. Kagan and I may have different political philosophies, but I believe that the confirmation process should be based on qualifications, not ideological litmus tests or political affiliation. I will vote for her confirmation," Gregg said.
"Ms. Kagan has pledged that she will exercise judicial restraint and decide each case that comes before her based on the law, with objectivity and without regard to her personal views. She also has served the American people under two different administrations and has a strong legal academic background. She is qualified to serve on the U.S. Supreme Court."
On Wednesday, Sen. Olympia Snowe said she will vote to confirm Elena Kagan to the high court, making her the fourth Republican to come out in support of President Obama's nominee. Gregg is the fifth Republican to signal support for Kagan.
–CNN's Alexander Mooney and Mark Preston contributed to this report