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WASHINGTON - JUNE 28:  Supreme Court nominee Elena Kagan is sworn in by Senate Judiciary Committee Chairman Sen. Patrick Leahy (D-VT) on the first day of her confirmation hearings on Capitol Hill June 28, 2010 in Washington, DC.  Kagan is U.S. President Barack Obama's second Supreme Court nominee since taking office.  (Photo byWinMcNamee//Getty Images)

WASHINGTON - JUNE 28: Supreme Court nominee Elena Kagan is sworn in by Senate Judiciary Committee Chairman Sen. Patrick Leahy (D-VT) on the first day of her confirmation hearings on Capitol Hill June 28, 2010 in Washington, DC. Kagan is U.S. President Barack Obama's second Supreme Court nominee since taking office. (Photo byWinMcNamee//Getty Images)

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