I don’t know if you are following the confirmation hearings, but Kagan seems to be doing a good job of slyly pointing out the hypocrisy of her interrogators.
When Republican Senator Tom Coburn ask what she would do if Congress pass a law requiring Americans “to eat three vegetables and three fruits every day”, Kagan pointed out that legislation is the job of our elected representatives (like Coburn himself) and that the Supreme Court shouldn’t strike down laws just because they are dumb. She repeatedly said that the Supreme Court should show “great deference to Congress” since the constitution makes it their job to legislate. But although conservatives frequently decry “activist judges” they didn’t seem to like her answer. As the NY Times put it, “They appeared to want the Supreme Court to save them from themselves.”