The Senate Judiciary Committee held its second day of hearings on the appointment of Elena Kagan to the U.S. Supreme Court seat vacated by the retirement of Justice John Paul Stevens. In the first round of questioning, senators were allotted 30 minutes each. Part 1 contained questions by Senators Leahy, Sessions, Kohl, Hatch, and Feinstein.

Senator Leahy asked Solicitor General Kagan to talk about the impact of her parents on her life, followed by questions on recusal decisions, gun control, and military recruiters on campus. Senator Sessions focused on constitutional principles and her decision to ban military recruiters from Harvard University during her tenure as dean of the Law School because of the Pentagon's "Don't Ask, Don't Tell" policy. Senator Kohl's questions covered televising Supreme Court proceedings, constitutional interpretation, the confirmation process, and antitrust law. Senator Hatch asked the nominee about the First Amendment and campaign finance in relation to Citizens United v. Federal Election Commission. Senator Feinstein focused on abortion law, executive power, and treatment of enemy combatants.