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kagan_1670

Senate Judiciary Committee member Sen. Sheldon Whitehouse, Rhode Island Democrat, questions Supreme Court nominee Elena Kagan, on Capitol Hill in Washington, Wednesday, June 30, 2010, as she testified before the committee's confirmation hearing. (AP Photo/Susan Walsh)

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Committee Chair Sen. Patrick J. Leahy, Vermont Democrat, (right) speaks with Ranking Member Sen. Jeff Sessions, Alabama Republican, as Supreme Court nominee Elena Kagan, President Obama's pick to replace retiring Justice John Paul Stevens, testifies on the third day of her confirmation hearing before the Senate Judiciary Committee on Capitol Hill in Washington on June 30, 2010. UPI/Roger L. Wollenberg

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Committee Chair Sen. Patrick Leahy, Vermont Democrat (right), speaks with ranking member Sen. Jeff Sessions, Alabama Republican, as Supreme Court nominee Elena Kagan, President Obama's pick to replace retiring Justice John Paul Stevens, testifies on the third day of her confirmation hearing before the Senate Judiciary Committee on Capitol Hill in Washington on June 30, 2010. UPI/Roger L. Wollenberg

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Committee Chair Sen. Patrick J. Leahy, Vermont Democrat, takes a photo as ranking member Sen. Jeff Sessions, Alabama Republican, smiles as they wait for Supreme Court nominee Elena Kagan, President Obama's pick to replace retiring Justice John Paul Stevens, to testify on the third day of her confirmation hearing before the Senate Judiciary Committee on Capitol Hill in Washington on June 30, 2010. UPI/Roger L. Wollenberg

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Supreme Court nominee Elena Kagan, President Obama's pick to replace retiring Justice John Paul Stevens, testifies on the third day of her confirmation hearing before the Senate Judiciary Committee on Capitol Hill in Washington on June 30, 2010. UPI/Roger L. Wollenberg

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Supreme Court nominee Elena Kagan gets a pat on her back as she takes her seat on Capitol Hill in Washington, Wednesday, June 30, 2010, prior to the start of her confirmation before the Senate Judiciary Committee. (AP Photo/Alex Brandon)

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Supreme Court nominee Elena Kagan waves as she arrives on Capitol Hill in Washington, Wednesday, June 30, 2010, to continue testifying before the Senate Judiciary Committee. (AP Photo/Susan Walsh)

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Supreme Court nominee Elena Kagan, President Obama's pick to replace retiring Justice John Paul Stevens, testifies on the third day of her confirmation hearing before the Senate Judiciary Committee on Capitol Hill in Washington on June 30, 2010. UPI/Roger L. Wollenberg

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Kagan Supreme Court_Thir-1.jpg

Supreme Court nominee Elena Kagan smiles as she takes her seat on Capitol Hill in Washington Wednesday, June 30, 2010, prior to the start of her continuing confirmation hearing before the Senate Judiciary Committee. (AP Photo/Alex Brandon)

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Kagan Supreme Court_Thir.jpg

Supreme Court nominee Elena Kagan arrives on Capitol Hill in Washington, Wednesday, June 30, 2010, to continuing her testimony before the Senate Judiciary Committee. (AP Photo/Alex Brandon)

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Kagan_Supreme_Court_Live.jpg

Supreme Court nominee Elena Kagan testifies Tuesday on Capitol Hill before the Senate Judiciary Committee hearing on her nomination. (Associated Press)

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Senate Judiciary Committee members, from left, the committee's ranking Republican, Sen. Jeff Sessions, Alabama Republican, committee Chairman Sen. Patrick J. Leahy, Vermont Democrat, Sen. Herb Kohl, Wisconsin Democrat, and Sen. Dianne Feinstein, California Democrat, listen to testimony on Capitol Hill in Washington, Tuesday, June 29, 2010, during the committee's confirmation hearing for Supreme Court nominee Elena Kagan. (AP Photo/Alex Brandon)

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Senator Jeff Sessions, a Republican from Alabama, questions U.S. Supreme Court nominee Elena Kagan during the second day of her confirmation hearing before the Senate Judiciary Committee in Washington, on Tuesday, June 29, 2010. Miss Kagan told senators that the framers of the Constitution anticipated it would be interpreted in light of changes in society, technology and the country at large. Photographer: Joshua Roberts/Bloomberg

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Supreme Court nominee Elena Kagan testifies on Capitol Hill in Washington on Tuesday, June 29, 2010, at the Senate Judiciary Committee hearing on her nomination. (AP Photo/Susan Walsh)

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Supreme Court nominee Elena Kagan, foreground. listens to questions from Sen. Jeff Sessions, Alabama Republican, the ranking Republican on the Senate Judiciary Committee, on video screen, on Capitol Hill in Washington, Tuesday, June 29, 2010, during the committee's confirmation hearing for Kagan. (AP Photo/Susan Walsh)

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Senate Judiciary Committee member Al Franken,Minnesota Democrat, sketches Sen. Jeff Sessions, Alabama Republican, the committee's ranking Republican, on Capitol Hill in Washington, Tuesday, June 29, 2010, during the committee's confirmation hearing for Supreme Court nominee Elena Kagan. (AP Photo/Alex Brandon)

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Supreme Court nominee Elena Kagan's brother Irving yawns on Capitol Hill in Washington, Tuesday, June 29, 2010, as Miss Kagan, right, testified before the Senate Judiciary Committee hearing on her nomination. (AP Photo/Susan Walsh)

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Supreme Court nominee Elena Kagan

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Supreme Court nominee Elena Kagan meets Sen. Russ Feingold, D-Wis., on Capitol Hill in Washington on Wednesday, May 19, 2010. (AP Photo/Manuel Balce Ceneta)