adviser to leave the white house this summer. elena kagan will be sworn in as the supreme court justice tomorrow. when the confirmation votes were counted kagan won the senate's approval by a wide margin. but as jonathan karl reports, critics kept up the fight to the very end. >> the tally is 63-37. >> reporter: elena kagan was easily confirmed in a vote the president hailed as historic. >> for nearly two centuries there wasn't a single woman on our nation's highest court. >> reporter: kagan faced last-minute attacks from republicans who branded her a liberal activist with absolutely no judicial experience. >> her lack of judicial experience, striking. >> is not suited. >> does not have the gift. >> she is unlikely to exercise judicial restraint. >> reporter: it was highly partisan. all but five republicans voted no. all but one democrat voted yes. with kagan, the court will now have for the first time three women serving at once. one-third of the justices. it's a huge sea change for an institution that has been