From this morning's Earlybird:

• "Senate Judiciary Chairman Patrick Leahy (D-Vt.) on Monday accused the GOP of attempting to impose a judicial litmus test on the nomination of Elena Kagan to the Supreme Court, arguing that Republicans 'demand justices who will guarantee the results they want,'" Roll Call (subscription) reports.

• "Republicans have found little in Kagan's public statements, private utterances and nonjudicial paper trail to make a major fuss about. When more than 46,000 pages of her work in the Clinton White House were released Friday afternoon, only a handful of Republicans and their conservative allies off Capitol Hill raised concerns about some of her liberal-leaning positions," Politico reports. "All of which is making some wonder: What if they held a confirmation battle, but nobody showed up for a fight?"