In this June 30, 2010 file photo, Supreme Court nominee Elena Kagan testifies on Capitol Hill in Washington, before the Senate Judiciary Committee hearing on her nomination. On Thursday, Aug. 5, the Senate confirmed Kagan as the 112th justice. (AP Photo/Alex Brandon, File)

Photo by: Alex Brandon

In this June 30, 2010 file photo, Supreme Court nominee Elena Kagan testifies on Capitol Hill in Washington, before the Senate Judiciary Committee hearing on her nomination. On Thursday, Aug. 5, the Senate confirmed Kagan as the 112th justice. (AP Photo/Alex Brandon, File)