U.S. solicitor general Elena Kagan smiles in the East Room of the White House in Washington, Friday, Aug. 6, 2010, during a ceremony with President Barack Obama after her confirmation as Supreme Court justice by the Senate on Thursday. (AP Photo/Pablo Martinez Monsivais)

Photo by: Pablo Martinez Monsivais

U.S. solicitor general Elena Kagan smiles in the East Room of the White House in Washington, Friday, Aug. 6, 2010, during a ceremony with President Barack Obama after her confirmation as Supreme Court justice by the Senate on Thursday. (AP Photo/Pablo Martinez Monsivais)