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Kagan Supreme Court_Thir.jpg

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

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APTOPIX Kagan Supreme_Wats.jpg

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

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U.S. Supreme Court nominee Elena Kagan testifies on Capitol Hill for a third day on Wednesday before the Senate Judiciary Committee. "... Consensus is, in general, a very good thing for the judicial process and for the country," she said regarding high court decisions. (Associated Press)

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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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The hands of Supreme Court nominee Elena Kagan move as she testifies on Capitol Hill in Washington, Wednesday, June 30, 2010, before the Senate Judiciary Committee. (AP Photo/Susan Walsh)

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Supreme Court nominee Elena Kagan testifies on Capitol Hill in Washington, Wednesday, June 30, 2010, before the Senate Judiciary Committee's confirmation hearing. (AP Photo/Susan Walsh)

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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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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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