I don't really have the hang of this whole political process thing, yet. (But, I'm working on it, you fed bozo's.)
It seems to me that the whole confirmation process is just theater. Neither party really cares about rights. They only care about their own personal interests and either their party staying in power, or their party getting back in power.
All the Republicrats, every one, could yowl and yammer against Kagan and ask all sorts of damning questions; and they would turn right around and pass another bill sending the national debt beyond the orbit of Pluto. (I suspect the only reason they have any concern about the debt now is because it is so big any pro-bigger-debt bills will make it hard to get themselves re-elected, and they are starting to realize the debt is so huge it might ruin everybody's game, but especially their own. You can't play the ear-mark game when all the money is going out to pay interest on the debt. You can't buy the votes of more seniors with more entitlements if the money to pay for the entitlements is going out to pay interest on the debt.)
I think Kagan will be confirmed with lots of noise for posturing sake. And, any attempted blocking will only be geared to supporting their own game later, the heck with the rest of us out here in recession land. As long as we are duped into supporting them because they "opposed" Kagan, they will be happy.
I don't think more than maybe two Republicrats or Democans is going to lose any sleep over Sotomayor's switcheroo. Neither will they really care if Kagan does the same.
I think this is all nothing more than the inter-faction fighting as power swaps back and forth between parties that Calhoun describes in A Disquisition on Government. The problem is that they have the ability to fight over something, and dupe the rest of us with it. Not the actual issue about which they are fighting.
So, in closing, for the article Doug quotes to say there is some sort of necessity for the Senate to inquire closely into Kagan's views on the 2A is setting readers up for a loss. The Senate will not inquire closely, and even if they did, it would hardly be done for any legitimate purpose. Nor, would it benefit us peons in recession land except to build more public anger at liberals, which just plays into the Republicrats hands in wanting to get themselves back in power.