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** FILE ** In a Sept. 22, 2010, file photo, Albert Snyder, 55, talks about his son, Matthew, a Marine who was killed in Iraq, and about the Supreme Court case that will focus on a lawsuit he filed against Rev. Fred Phelps and the Westboro Baptist Church for protesting his son's funeral, in York, Pa. (AP Photo/Ann Foster,File)

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Supreme Court Funeral_Thir.jpg

Members of the Westboro Baptist Church picket in front of the Supreme Court in Washington on Wednesday, Oct. 6, 2010. The court was hearing arguments in the dispute between Albert Snyder of York, Pa., and members of the Westboro Baptist Church of Topeka, Kan. The case pits Mr. Snyder's right to grieve privately against the church members' right to say what they want, no matter how offensive. (AP Photo/Carolyn Kaster)

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Supreme_Court_Kagan#5.jpg

IN AND OUT: Supreme Court Justice Elena Kagan participated in the day's first case, but left before the second case to avoid any conflict of interest. (Associated Press)

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Supreme Court Kagan_Thir.jpg

Chief Justice John G. Roberts Jr. (right) and Justice Elena Kagan, the Supreme Court's newest member, walk down the steps of the Supreme Court Building in Washington on Friday, Oct. 1, 2010, to stand for photographs after Justice Kagan's formal investiture ceremony. (AP Photo/Evan Vucci)

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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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Mexico Gay Marriage_Lea.jpg

** FILE ** Gay rights activists demonstrate in favor of the legality of adoptions by gay couples outside the Supreme Court in Mexico City on Thursday, Aug. 12, 2010. The high court on Monday upheld a Mexico City law allowing the adoptions. (AP Photo/Alexandre Meneghini)

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FILE - In this Aug. 3, 2010 file photo, Supreme Court Justice Ruth Bader Ginsburg is photographed in her chambers in Washington. (AP Photo/Alex Brandon, File)

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

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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.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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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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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)

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Committee Chair Sen. Patrick J. Leahy, Vermont Democrat, (right) speaks with Ranking Member Sen. Jeff Sessions, Alabama Republican, as 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