Supreme Court

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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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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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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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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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Senate Judiciary Committee member Al Franken,Minnesota Democrat, sketches Sen. Jeff Sessions, Alabama Republican, the committee's ranking Republican, 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's brother Irving yawns on Capitol Hill in Washington, Tuesday, June 29, 2010, as Miss Kagan, right, testified before the Senate Judiciary Committee hearing on her nomination. (AP Photo/Susan Walsh)

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ASSOCIATED PRESS Supreme Court nominee Elena Kagan meets with Sen. Tom Udall, New Mexico Democrat, on Capitol Hill. Newly released e-mails from Elena Kagan's time as an aide to President Clinton portray the Supreme Court nominee as a driven and highly opinionated person with a flair for political tactics and little tolerance for high-flying rhetoric.

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Supreme Court nominee Elena Kagan

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President Barack Obama applauds new Supreme Court Justice Sonia Sotomayor at the start of a reception in the East Room of The White House in Washington, Wednesday, Aug. 12, 2009. (AP Photo/Alex Brandon)

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Supreme Court nominee Elena Kagan meets Sen. Russ Feingold, D-Wis., on Capitol Hill in Washington on Wednesday, May 19, 2010. (AP Photo/Manuel Balce Ceneta)

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GETTY IMAGES Supreme Court Justice Clarence Thomas (left) picked up a lawsuit by New Jersey lawyer Leo Donofrio, who argues that Barack Obama is ineligible to be president, and referred it to the full court after Justice David H. Souter (right) had refused it. The court Friday is to vote whether to accept the case.