from getting on the bench? >> i think elects have consequences. i think that's the way most republican senators will look at this. we are unlikely to hear her do what she advised nominees do in the 1990s. she'll sounds like a je a judicl conservative. bret: when we come back after this break we'll return to the elena kagan hearings. we are probably an hour away from hearing from the nominee herself. keep it here on the fox news channel. va has gingko for memory and concentration plus support for bone and breast health. a great addition to my routine. [ female announcer ] one a day women's.