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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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kagan_1669

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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kagan_1668

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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kagan_1667

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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kagan_1666

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_1665

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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kagan_1664

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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kagan_1663

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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kagan_1623

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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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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kagan_1619

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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kagan_1618

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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Obama_Supreme_Court_Bada.jpg

President Barack Obama applauds new Supreme Court Justice Sonia Sotomayor at the start of a reception in the East Room of The White House in Washington, Wednesday, Aug. 12, 2009. (AP Photo/Alex Brandon)

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**FILE** School voucher rallies take place in February 2009 outside the Supreme Court building in Washington, where a hearing was held on Cleveland's test program. Groups for and against vouchers held competing rallies during the hearing. (Associated Press)

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20081204-210250-pic-246411555.jpg

GETTY IMAGES Supreme Court Justice Clarence Thomas (left) picked up a lawsuit by New Jersey lawyer Leo Donofrio, who argues that Barack Obama is ineligible to be president, and referred it to the full court after Justice David H. Souter (right) had refused it. The court Friday is to vote whether to accept the case.