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** FILE ** In this file photo from Oct. 6, 2010, Albert Snyder, whose free-speech case was then being reviewed by the Supreme Court, makes a statement in front of the court on Wednesday. (Associated Press)
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Margie Phelps, center, and Shirley Phelps-Roper, left, of the Westboro Baptist Church, of Tokepa Kan., speaks in front of the Supreme Court in Washington, Wednesday, Oct. 6, 2010, after the court heard arguments in the dispute between Albert Snyder, of York, Pa., and the Westboro Baptist Church. (AP Photo/Carolyn Kaster)
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Margie Phelps, right, and Shirley Phelps-Roper, second from right, of the Westboro Baptist Church, of Tokepa Kan., speak to the press in front of the Supreme Court in Washington, Tuesday, Oct. 5, 2010, after the court heard arguments in the dispute between Albert Snyder, of York, Pa., and the Westboro Baptist Church. (AP Photo/Carolyn Kaster)
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Shirley Phelps-Roper of the Westboro Baptist Church, of Tokepa Kan., lower right, celebrates as she walks down the steps of the Supreme Court in Washington, Wednesday, Oct. 6, 2010,with Margie Phelps, left, the lawyer and church member who argued the case for the Westboro Baptist Church, after the court heard arguments in the dispute between Albert Snyder, of York, Pa., and the Westboro Baptist Church. (AP Photo/Carolyn Kaster)
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Members of the Westboro Baptist Church picket in front of the Supreme Court in Washington, Wednesday, Oct. 6, 2010. The court is hearing arguments Wednesday in the dispute between Albert Snyder of York, Pa., and members of the Westboro Baptist Church of Topeka, Kan. The case pits 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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A visitor to the Supreme Court wears a badge in honor of Marine Lance Cpl. Matthew Snyder, Wednesday, Oct. 6, 2010, in Washington. The court is hearing arguments Wednesday in the dispute between Albert Snyder of York, Pa., and members of the Westboro Baptist Church of Topeka, Kan. The case pits Snyder's right to grieve privately against the church members' right to say what they want, no matter how offensive.(AP Photo/Haraz N. Ghanbari)
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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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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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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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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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** 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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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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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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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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** 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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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)
