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President Barack Obama will nominate Solicitor General Elena Kagan to the Supreme Court, a person familiar with the president's thinking said, positioning the court to have three female justices for the first time.The source spoke yesterday night on condition of anonymity because Obama's decision on who should replace retiring Justice John Paul Stevens had not been made public.The president was expected to announce his choice at 10 am local time today in the East Room of the White House.Kagan must be confirmed by the Senate, which is dominated by Obama's Democrats. With 59 votes, they have more than enough to confirm her, but are one shy of being able to halt any Republican stalling effort.The power to nominate Supreme Court justices is one of the most important roles that presidents have. The nine-member court wields enormous power over the daily life of Americans, and any justice can cast the deciding vote on matters of life and death, individual freedoms and government power.Presidents serve four-year terms, while justices have tenure for life.Supreme Court confirmation hearings are often highly partisan exercises, and although Republicans have shown no signs in advance they would try to prevent a vote on Kagan, they are certain to grill her in confirmation hearings over her experience, her thin record of legal writings and her objections to the military's policy about gays.Known as sharp and politically savvy, Kagan has led a blazing legal career: first female dean of Harvard Law School, first woman to serve as the top Supreme Court lawyer for any administration, and now first in Obama's mind to succeed the legendary Stevens.At 50 years old, Kagan would be the youngest justice on the court, an important factor before Obama because her appointment is unlikely to immediately affect the court's balance of power. There was a conservative shift in the court's composition when President George W Bush chose appeals court judge Samuel Alito to replace Justice Sandra Day O'Connor, a moderate whose vote often made the difference in ideologically charged cases.A source close to the selection process said a central element in Obama's choice was Kagan's reputation for bringing together people of competing views and earning their respect.Kagan came to the fore as a candidate who had worked closely with all three branches of government, a legal mind with both a sense of modesty and sense of humor. The source spoke on condition of anonymity to discuss factors that led to Kagan's impending nomination.
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