Cert Pool

Tom Goldstein

Still, who am I to say these cases are a mistake? I am straight and married. And I am white and well off. I got mine.

SCOTUSblog founder Tom Goldstein, commenting on the many gay marriage “test cases” that might get heard this Term by the Supreme Court. SCOTUSblog has a liveblog up right now, waiting for possible certiorari grants and denials in these cases.

The confirmation hearings for Solicitor General Elena Kagan, nominated to replace Justice John Paul Stevens on the Supreme Court, are currently scheduled to start on Monday, June 28. We will, of course, offer extensive coverage, including some liveblogging.

But most observers expect little confirmation drama — which makes sense. Elena Kagan is an eminently qualified nominee who has over the years kept herself out of trouble, personal or political. She enjoys support from a number of notable conservatives, such as Miguel Estrada and former judge Michael McConnell (both of them possible SCOTUS nominees in a Republican administration).

Just today, Vanderbilt law professor Brian Fitzpatrick — a former law clerk to Justice Scalia and a former counsel to Senator John Cornyn (R-TX) — issued an enthusiastic endorsement (PDF) of Kagan, praising her as “a person of utmost integrity, extraordinary legal talent, and relentless generosity.” Such sentiments have been heard from many conservative corners.

So, with Lady Kaga’s confirmation more or less assured, let’s start thinking about what we can expect from a Justice Elena Kagan. Specifically, how will she handle petitions for certiorari, the requests filed by litigants who want the Court to hear their cases?

In other words: Will Justice Kagan plunge into the cert pool? And should she?

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