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WASHINGTON - JUNE 30: U.S. Supreme Court nominee Elena Kagan listens to a question from members of the Senate Judiciary Committee on the third day of her confirmation hearings on Capitol Hill June 30, 2010 in Washington, DC.  If confirmed by the U.S. Senate, the former Harvard Law School dean and Solicitor General would be the first justice to join the high court without prior judicial experience since William Rehnquist in 1972. Kagan was selected by President Barack Obama to replace retiring Justice John Paul Stevens.  (Photo by Brendan Smialowski/Getty Images) Brendan Smialowski/Getty