AP Photo/Susan Walsh
Supreme Court nominee Elena Kagan is sworn in on Capitol Hill in Washington, June 28, 2010, prior to testifying before the Senate Judiciary Committee hearing on her nomination. on Aug. 5, in a 63-37 vote, the senate confirmed President Obama's nominee, making her the fourth woman ever to serve on the high court.
AP Photo/Susan Walsh
Supreme Court nominee Elena Kagan shakes hands with Sen. Jeff Sessions, R-Ala., the ranking Republican on the Senate Judiciary Committee, as committee chairman Sen. Patrick Leahy, D-Vt., looks on at center, on June 28, 2010, in Washington.
AP Photo/Susan Walsh
Supreme Court nominee Elena Kagan testifies on Capitol Hill in Washington, June 29, 2010, before the Senate Judiciary Committee hearing on her nomination.
AP Photo/Susan Walsh
Senate Judiciary Committee Chairman Sen. Patrick Leahy, D-Vt., right, shows Sen. Al Franken, D-Minn., center, a photo as the committee's ranking Republican, Sen. Jeff Sessions, R-Ala., left, waits during a break in testimony from Supreme Court nominee Elena Kagan, June 30, 2010.
AP Photo/Alex Brandon
Supreme Court nominee Elena Kagan is escorted by the Senate Judiciary Committee's ranking Republican Sen. Jeff Sessions, R-Ala., left, and committee chairman Sen. Patrick Leahy, D-Vt., second from left, on June 28, 2010, for her confirmation hearings before the committee in Washington.
AP Photo/Pablo Martinez Monsivais
Supreme Court nominee Elena Kagan takes her seat on Capitol Hill in Washington, June 28, 2010, prior to the start of her confirmation hearing.
AP Photo/Susan Walsh
Supreme Court nominee Elena Kagan testifies on Capitol Hill in Washington, June 30, 2010, before the Senate Judiciary Committee on her nomination.
Alex Brandon
Senate Judiciary Committee member Sen. Al Franken, D-Minn., sketches Sen. Jeff Sessions, R-Ala., the committee's ranking Republican, June 29, 2010, during the committee's confirmation hearing for Supreme Court nominee Elena Kagan.
AP Photo/Alex Brandon
Supreme Court nominee Elena Kagan smiles as she arrives on Capitol Hill in Washington, June 28, 2010, for her confirmation hearing before the Senate Judiciary Committee.
AP Photo/Alex Brandon
Senate Judiciary Committee member Sen. Jon Kyl, R-Ariz., listens to opening statements on Capitol Hill, June 28, 2010, during the committee's confirmation hearing for Supreme Court nominee Elena Kagan.
AP Photo/Susan Walsh
Supreme Court nominee Elena Kagan listens to opening remarks on Capitol Hill in Washington, June 28, 2010, during her confirmation hearing.
AP Photo/Susan Walsh
Senate Judiciary Committee Chairman Sen. Patrick Leahy, D-Vt., gestures before the resumption of the committee's hearing after a break.
AP Photo/Alex Brandon
Supreme Court nominee Elena Kagan greets Sen. John Kerry, D-Mass., June 28, 2010, as Kerry arrived to introduce her before the Senate Judiciary Committee.
AP Photo/Susan Walsh
Supreme Court nominee Elena Kagan gestures while making her opening statement on Capitol Hill in Washington on June 28, 2010, during her confirmation hearing.
AP Photo/Alex Brandon
Supreme Court nominee Elena Kagan wipes her eye as she listens to her introduction by Sen. John Kerry, D-Mass., during her confirmation hearing on June 28, 2010, in Washington.
AP Photo/Alex Brandon
Senate Judiciary Committee Chairman Sen. Patrick Leahy, D-Vt., right, huddles with the committee's ranking Republican Sen. Jeff Sessions, R-Ala., Monday, June 28, 2010, during the committee's confirmation hearing for Supreme Court nominee Elena Kagan.
AP Photo/Susan Walsh
Supreme Court nominee Elena Kagan's brother Irving yawns on Capitol Hill in Washington, Tuesday, June 29, 2010, as Kagan, right, testified before the Senate Judiciary Committee.
AP Photo/Alex Brandon
Senate Judiciary Committee member Sen. Al Franken, D-Minn., listens on Capitol Hill in Washington on June 28, 2010, during the committee's confirmation hearing for Supreme Court nominee Elena Kagan.
AP Photo
Senate Judiciary Committee member Sen. Dianne Feinstein, D-Calif., questions Supreme Court nominee Elena Kagan on Capitol Hill in Washington, June 2, 2010, during the committee's hearing on her nomination.
AP Photo/Susan Walsh
Senate Judiciary Committee member Sen. Sheldon Whitehouse, D-R.I., questions Supreme Court nominee Elena Kagan, on Capitol Hill in Washington, June 30, 2010, as she testified before the committee's confirmation hearing.
AP Photo/Susan Walsh
Supreme Court nominee Elena Kagan testifies on Capitol Hill in Washington, Tuesday,June 29, 2010, before the Senate Judiciary Committee hearing on her nomination.