Supreme Court nominee Elena Kagan laughs on Capitol Hill in Washington, Tuesday, June 29, 2010, while testifying before the Senate Judiciary Committee hearing on her nomination. The committee approved her nomination on Tuesday, July 20. (AP Photo/Alex Brandon)

Photo by: Alex Brandon

Supreme Court nominee Elena Kagan laughs on Capitol Hill in Washington, Tuesday, June 29, 2010, while testifying before the Senate Judiciary Committee hearing on her nomination. The committee approved her nomination on Tuesday, July 20. (AP Photo/Alex Brandon)