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. A confirmation vote is all but assured for Ms. Kagan as the Senate begins debate on making her the fourth female 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. A confirmation vote is all but assured for Ms. Kagan as the Senate begins debate on making her the fourth female justice. (AP Photo/Alex Brandon, File)