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The question implies Kagan's name was withdrawn at some point, or that a majority of the Senate Judiciary Committee voted against her on the first day of her hearing. This information is false. The Committee takes only one vote, at the conclusion of the nominee's hearing.

Kagan was approved by a ballot of 13-6 on the second day of her hearing; there was no prior vote. The nominee's support ran along political lines, as has become the norm in Congress for both Democrats and Republicans. Senator Lindsey Graham, (R - SC) crossed party lines and cast the sole Republican vote.

The issue was sent to the full Senate with a Committee recommendation in favor of confirmation. Justice Kagan was confirmed by a vote of 63-37 on August 5, 2010.

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