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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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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)