President Barack Obama was poised on Monday to nominate Solicitor General Elena Kagan for the US Supreme Court, choosing a moderate who may not spur a damaging political fight in a congressional election year.

Democratic sources familiar with the president's thinking said he had decided on the 50-year-old former Harvard Law School dean for the seat on the court. The job is a lifetime position and requires confirmation by the US Senate.

An announcement is planned for 10 a.m. (1400 GMT) at the White House.

Kagan would replace retiring Justice John Paul Stevens, a leading liberal voice on the court. Like Stevens, Kagan in most cases probably would join the three other liberal justices on the court controlled by a five-member conservative majority.

It will be Obama's second selection to the Supreme Court. Last year, he nominated Hispanic-American Sonia Sotomayor and she was confirmed by a 68-31 Senate vote last August.

Experts said Kagan could be expected to pass fairly smoothly through the Senate confirmation process, which can be fraught with political peril.

The closely divided high court decides contentious social issues such as abortion and the death penalty and high-stakes business disputes.

As solicitor general, Kagan's job is to represent the US government in cases before the Supreme Court. In that role, she has had a mixed record in business cases.

She supported shareholders in a case about excessive mutual fund fees and backed investors in their securities fraud lawsuit against Merck & Co Inc over its withdrawn Vioxx pain drug. But she opposed foreign investors who want to sue in US courts for transnational securities dealings.

Vigourous questioning likely
Kagan could face vigorous questioning by Republicans on hot-button issues like her opposition to on-campus military recruiting at Harvard because of US policy barring gays from serving openly in the armed forces.

Obama interviewed at least four people for the vacancy, including federal appeals court judges Diane Wood, Merrick Garland and Sidney Thomas.

Kagan was considered one of the more moderate choices on Obama's short list of potential court nominees.

As a non-judge, Kagan would break with recent tradition if she joins the high court. Although past presidents' nominees have included politicians and others with non-judicial experience, presidents in recent decades have looked to the federal bench. The last two justices who had not been judges, William Rehnquist and Lewis Powell, joined the Supreme Court in 1972.

Kagan served in the White House of President Bill Clinton, who nominated her for an appeals court seat, but she was never confirmed.

Administration officials are eager to avoid a bitter battle over the court pick before congressional elections in November, where Obama's fellow Democrats will be fighting to keep their strong majorities in Congress.
Kagan has been through one Senate confirmation already -- she was confirmed last year for her current position.

In March 2009, Kagan was confirmed as U.S. solicitor general by a divided Senate, 61-31. All the "no" votes were cast by Republicans, including Senator Arlen Specter, who has since switched parties to become a Democrat.

Republican Senator Orrin Hatch voted to confirm Kagan for solicitor general, but has said he would reserve judgment on her possible Supreme Court nomination.

(REUTERS)