Senate Judiciary Chairman Patrick Leahy (right) talks with ranking Republican Sen. Jeff Sessions during the committee's vote on the confirmation of Supreme Court nominee Elena Kagan on Tuesday. Alex Brandon/AP hide caption

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Sen. Lindsey Graham (R-SC), shown in a June 29 file photo, says he will vote for President Obama's Supreme Court nominee, Elena Kagan. (AP Photo/J. Scott Applewhite) J. Scott Applewhite/AP hide caption

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Supreme Court nominee Elena Kagan answers questions from members of the Senate Judiciary Committee on the second day of her confirmation hearings on Capitol Hill. Mark Wilson/Getty Images hide caption

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Elena Kagan's stated admiration for Thurgood Marshall, the Supreme Court justice she clerked for in the 1980s, became the focus of much scrutiny during her confirmation hearings. Charles Tasnadi/AP hide caption

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Thurgood Marshall with George E.C. Hayes (left) and James M. Nabrit (right) outside the Supreme Court building on May 17, 1954. The three lawyers had just led the fight for abolition of segregation in public schools before the Supreme Court, which ruled that segregation was unconstitutional. AP hide caption

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Elena Kagan graduated from Hunter College High School, a publicly funded school for gifted students on Manhattan's Upper East Side, in 1977. Here, she raises her arm during a class trip to Philadelphia in a photo from the yearbook. Hunter College High School/AP hide caption

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Elena Kagan enjoys a lighter moment during her Supreme Court confirmation hearing before the Senate Judiciary Committee on Monday. Mark Wilson/Getty Images hide caption

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Supreme Court nominee Elena Kagan shakes hands with GOP Sen. Jeff Sessions (right) as Democratic Sen. Patrick Leahy looks on before the start of Monday's confirmation hearing. Susan Walsh/AP hide caption

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U.S. Supreme Court nominee Elena Kagan faces questions this week from the Senate Judiciary Committee, which opens hearings on her nomination. Tim Sloan/AFP/Getty Images hide caption

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