Kagan's nomination and certain confirmation are a disaster for liberty, for reasons Daniel Larison and Radley Balko explain.
Obama's overall record on civil liberties has been surprisingly terrible for a constitutional law professor. I don't have time right now to elucidate on all his slights, but I'm done making excuses. I expected this to be one of his stronger areas, and instead he's turned out to be worse than I would have expected from, say, Hillary Clinton.
I believe this is the turning point. As Radley put it in 2008:
Here’s why I preferred Obama to McCain: The GOP gave up all pretense of any limited government principles. They’re no longer trustworthy on the issues where they’re supposed to agree with me. Obama, on the other hand, made some promises about government transparency, hinted at a less bellicose foreign policy, and I like what he said about Guantanamo, torture, and executive power. In other words, he was better on the issues where Democrats are supposed to agree with me. It’s really that simple.Yet we no longer agree where we were supposed to agree.
I'm throwing in my towel and will not support Obama in 2012.
(A Republican candidate will have an even steeper hill to climb to earn my support, but as of now: a plague o' both their houses.)