Elena Kagan

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Justice Elena Kagan noted that when a judge errs in instructing jurors before they deliberate, the government may not appeal if the defendant is found not guilty. (Associated Press)

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Supreme Court Justices Anthony M. Kennedy (bottom left), Elena Kagan (center), Stephen G. Breyer (center right) and Clarence Thomas (top right) make their way out of the Cathedral of St. Matthew the Apostle in Washington on Sunday, Sept. 30, 2012, after the annual Red Mass. (Andrew Harnik/The Washington Times)

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Sitting on the U.S. Supreme Court are (clockwise from upper left) Associate Justices Sonia Sotomayor, Stephen G. Breyer, Samuel A. Alito Jr., Elena Kagan, Ruth Bader Ginsburg and Anthony M. Kennedy; Chief Justice John G. Roberts Jr.; and Associate Justices Antonin Scalia and Clarence Thomas. (AP Photo/Pablo Martinez Monsivais)

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Supreme Court Justice Elena Kagan, while testifying as a nominee in June 2010, reportedly told a Senate panel she had never been asked about her opinion or had offered any comments about proposed health care legislation while solicitor general. (Associated Press)

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

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The Supreme Court's newest member, Justice Elena Kagan, is recusing herself from cases she handled as solicitor general. (Associated Press)

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** FILE ** An artist's rendering shows the newest Supreme Court justice, Elena Kagan (right), during a hearing at the court in Washington on Monday, Oct. 4, 2010. Seated (from left) are Justices Sonia Sotomayor, Stephen G. Breyer, Clarence Thomas, Antonin Scalia; Chief Justice John G. Roberts Jr.; and Justices Anthony M. Kennedy, Ruth Bader Ginsburg, Samuel A. Alito Jr. and Elena Kagan. (AP Photo/Dana Verkouteren)