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Elena Kagan

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ON THE SIDELINES: Supreme Court Justice Elena Kagan can't hear about half the cases this term because of her previous involvement. (Associated Press)

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APTOPIX Kagan Supreme_Bone.jpg

Elena Kagan is sworn in as the Supreme Court's newest member as Chief Justice John Roberts, right, administers the judicial oath, at the Supreme Court Building in Washington, Saturday, Aug. 7, 2010. The Bible is held by Jeffrey Minear, center, counselor to the chief justice. Kagan, 50, who replaces retired Justice John Paul Stevens, becomes the fourth woman to sit on the high court, and is the first Supreme Court justice in nearly four decades with no previous experience as a judge. (AP Photo/J. Scott Applewhite)

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Obama Kagan Supreme C_Bone-2.jpg

President Barack Obama applauds Elena Kagan during a ceremony to mark her confirmation to become the next Supreme Court justice, Friday, Aug. 6, 2010, in the East Room of the White House in Washington, D.C. Kagan is the first Supreme Court nominee in nearly 40 years with no experience as a judge, and her addition will mark the first time that three women will serve on the nine-member court together. She was sworn in Saturday as the successor to retired Justice John Paul Stevens. (AP Photo/J. Scott Applewhite)

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Obama Kagan Supreme C_Bone-1.jpg

U.S. solicitor general Elena Kagan smiles in the East Room of the White House in Washington, Friday, Aug. 6, 2010, during a ceremony with President Barack Obama after her confirmation as Supreme Court justice by the Senate on Thursday. (AP Photo/Pablo Martinez Monsivais)

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Associated Press Senate Judiciary Committee Chairman Patrick J. Leahy of Vermont joins fellow Senate Democrats (from left) Amy Klobuchar of Minnesota, Charles E. Schumer of New York, and Dianne Feinstein of California after Elena Kagan's confirmation vote.

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Associated Press YOUNGEST MEMBER: Elena Kagan is scheduled to be sworn in Saturday for a lifetime appointment on the Supreme Court.

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Kagan Supreme Court Aug5.jpg

In this June 30, 2010 file photo, Supreme Court nominee Elena Kagan testifies on Capitol Hill in Washington, before the Senate Judiciary Committee hearing on her nomination. On Thursday, Aug. 5, the Senate confirmed Kagan as the 112th justice. (AP Photo/Alex Brandon, File)

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Kagan Supreme Court_Thir.jpg

In this June 30, 2010, file photo, Supreme Court nominee Elena Kagan testifies on Capitol Hill in Washington before the Senate Judiciary Committee hearing on her nomination. A confirmation vote is all but assured for Ms. Kagan as the Senate begins debate on making her the fourth female justice. (AP Photo/Alex Brandon, File)

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Associated Press The Senate is expected to vote this week on Elena Kagan's nomination to the Supreme Court.

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ASSOCIATED PRESS Sen. Charles E. Grassley hears out fellow Republican Lindsey Graham on Tuesday before a Judiciary Committee vote on Supreme Court nominee Elena Kagan.

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Kagan Supreme Court_Thir-1.jpg

Supreme Court nominee Elena Kagan laughs on Capitol Hill in Washington, Tuesday, June 29, 2010, while testifying before the Senate Judiciary Committee hearing on her nomination. The committee approved her nomination on Tuesday, July 20. (AP Photo/Alex Brandon)

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Kagan Supreme Court_Thir.jpg

** FILE ** Supreme Court nominee Elena Kagan (foreground) listens to questions from Sen. Jeff Sessions (pictured on a video screen), Alabama Republican, who is the ranking Republican on the Senate Judiciary Committee, on Capitol Hill in Washington on Tuesday, June 29, 2010, during Ms. Kagan's confirmation hearing. (AP Photo/Susan Walsh)

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Illustration: Elena Kagan and Sharia

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Kagan Secrecy_Thir.jpg

In this May 10, 2010, file photo, President Obama walks with his Supreme Court Justice nominee Elena Kagan, into the East Room of the White House in Washington. The Senate Judiciary Committee is expected to delay her confirmation vote by a week. (AP Photo/Pablo Martinez Monsivais, File)

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APTOPIX Kagan Supreme_Wats.jpg

Supreme Court nominee Elena Kagan testifies on Capitol Hill in Washington, Wednesday, June 30, 2010, before the Senate Judiciary Committee hearing on her nomination. (AP Photo/Alex Brandon)

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U.S. Supreme Court nominee Elena Kagan testifies on Capitol Hill for a third day on Wednesday before the Senate Judiciary Committee. "... Consensus is, in general, a very good thing for the judicial process and for the country," she said regarding high court decisions. (Associated Press)

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Supreme Court nominee Elena Kagan, President Obama's pick to replace retiring Justice John Paul Stevens, testifies on the third day of her confirmation hearing before the Senate Judiciary Committee on Capitol Hill in Washington on June 30, 2010. UPI/Roger L. Wollenberg

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The hands of Supreme Court nominee Elena Kagan move as she testifies on Capitol Hill in Washington, Wednesday, June 30, 2010, before the Senate Judiciary Committee. (AP Photo/Susan Walsh)

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Supreme Court nominee Elena Kagan testifies on Capitol Hill in Washington, Wednesday, June 30, 2010, before the Senate Judiciary Committee's confirmation hearing. (AP Photo/Susan Walsh)

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Senate Judiciary Committee member Sen. Sheldon Whitehouse, Rhode Island Democrat, questions Supreme Court nominee Elena Kagan, on Capitol Hill in Washington, Wednesday, June 30, 2010, as she testified before the committee's confirmation hearing. (AP Photo/Susan Walsh)