Once again, the GOP formulated their talking points against the Supreme Court nominee before Obama had even named the nominee.
When Elena Kagan was nominated, Republicans attacked her because she has never been a judge. Ironically, Kagan was nominated by then-president Clinton to be a judge on the Court of Appeals, but in a brazen stalling tactic even for the Party of No, the Senate Judiciary Committee’s Republican chairman Orrin Hatch refused to even schedule a confirmation hearing for her. So the Republicans are attacking her for something that is their own fault.
Besides, historically, many Supreme Court justices have not previously been judges.
If you want to keep score on Kagan’s nomination, Media Matters is keeping a complete list of the various myths (i.e., lies) that are being spread about her, and provides the actual facts.