Supreme Court nominee Elena Kagan's brother Irving yawns on Capitol Hill in Washington, Tuesday, June 29, 2010, as Miss Kagan, right, testified before the Senate Judiciary Committee hearing on her nomination. (AP Photo/Susan Walsh)
President Barack Obama applauds new Supreme Court Justice Sonia Sotomayor at the start of a reception in the East Room of The White House in Washington, Wednesday, Aug. 12, 2009. (AP Photo/Alex Brandon)
**FILE** School voucher rallies take place in February 2009 outside the Supreme Court building in Washington, where a hearing was held on Cleveland's test program. Groups for and against vouchers held competing rallies during the hearing. (Associated Press)
Supreme Court Justice Clarence Thomas (left) picked up a lawsuit by New Jersey lawyer Leo Donofrio, who argues that Barack Obama is ineligible to be president, and referred it to the full court after Justice David H. Souter (right) had refused it. The court Friday is to vote whether to accept the case.
“The way to stop discrimination on the basis of race is to stop discriminating on the basis of race,” wrote Supreme Court Chief Justice John Roberts (shown at Montpelier, home of James Madison, "Father of the Constitution").