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

itoggle caption Charles Tasnadi/AP