second circuit bows to the executive position, saying, well, that ought to be decided between italy and the united states on how that's to be handled. i think that's wrong. but at least the supreme court ought to decide it. i'm not going to ask you how you would decide the case, but would you consider it? >> republicans and democratic senator arlen specter of pennsylvania, a veteran of many processes, laying out how he views the test ahead for elena kagan, on the right, the solicitor general of the united states. now the president's choice to replace justice john paul stevens on the supreme court. we are waiting next one of the leading republicans of the committee, lindsay graham of south carolina, a key conservative voice. we want to listen to his statement. we'll take a quick break. the kagan confirmation hearings will resume in a moment.