KAGAN'S WEEK IN THE SUN JUNE 27-JULY 3 TAKING A MODEST APPROACH The News: Elena Kagan, the solicitor general and President Barack Obama's nominee to replace the retired Justice John Paul Stevens on the Supreme Court, vowed that her approach to judging would be 'a modest one,' 'properly deferential' to Congress and the president. Behind the News: On the first day of her confirmation hearings before the Senate Judiciary Committee, Kagan offered cautious and measured opening remarks, pledging 'even-handedness and impartiality.' Her use of 'modest' echoed a promise of 'judicial modesty' made by Chief Justice John G. Roberts Jr. during his confirmation in 2005. PLAYING IT CLOSE TO THE VEST The News: Backpedaling from an article she wrote in 1995 calling for judicial nominees to be more forthcoming, Kagan said she now believed it would be inappropriate to lay out directly or even 'provide some kind of hints' about her views on matters that might come before the court. Behind the News: Though her approach hewed to those of other recent nominees, Kagan's reticence frustrated senators like Tom Coburn, R-Okla., who complained in an interview: 'She's doing exactly what she criticized other nominees for doing. She's dancing.' CRACKING WISE The News: Sen. Arlen Specter, D-Penn., praised Kagan for displaying a sense of humor through a long day of grilling. Behind the News: When Specter asked about the impact of televising the court's proceedings, Kagan said that among other things, 'it means I'd have to get my hair done more often.' Asked by Lindsey Graham, R-S.C., where she had been this past Christmas -- a precursor to questions about the day's airline bombing plot -- she got a laugh by answering, 'Like all Jews, I was probably in a Chinese restaurant.' THE CASE AGAINST HER The News: Republicans opposed to Kagan honed in on her lack of experience as a judge, her decision to bar military recruiters from Harvard Law School facilities when she was dean, and her work as a lawyer in the Clinton White House, where she wrote memos favoring abortion rights. Behind the News: Kagan said that the memos she wrote as a lawyer were meant to reflect her employer's policy views, not necessarily her own, and that the conflict between the military's 'don't ask, don't tell' policy on gay troops and Harvard's antidiscrimination policy left her little choice. IN THE BAG The News: Senior Republican senators said that though some in their party would probably vote against Kagan, her confirmation by the Senate was all but assured. Behind the News: As he wrapped up his questioning, Graham told her, 'You have acquitted yourself well.' Jon Kyl of Arizona, the No. 2 Republican in the Senate, said afterward that it would be 'highly improbable' for his party to wage a filibuster against her nomination. John Cornyn of Texas referred to her as 'soon-to-be Justice Kagan.' The committee's vote is expected in the middle of July. LAUGH LINES DAVID LETTERMAN The Russian spies tried to blend in. They were acting like Americans. As a matter of fact, for two weeks, they were pretending they loved soccer. JIMMY KIMMEL BP is running with this, I guess. Their company newsletter has an article that says most gulf residents aren't upset with BP because their cleanup crews have boosted the local economy. BP taking credit for boosting the economy in the gulf is like al-Qaida taking credit for creating jobs in airport security. STEPHEN COLBERT If Sen. Byrd can be snatched away from us in the blink of an eon, isn't it a sobering reminder of our own mortality? I mean, I'm 46. Sen. Byrd was 92. The difference is a mere my entire life. Nation, as you know -- no secret -- terror is everywhere. From the underwear bomber to the Times Square plot, America's enemies never sleep, which is surprising because they watch a lot of soccer. 