incumbent out of office five years. maybe this time they'll do it. >> one of the first questions you raised in "the cafferty file." getting ready in august for our fifth anniversary. jack, you might be right. >> are we going to have a cake or anything? >> maybe not a cake, but maybe cupcakes. >> come on. cupcakes. >> jack, see you. thank you. elena kagan will make history in a number of ways if and when she becomes a united states supreme court justice. if the president's new nominee is confirmed, three jewish justice and six catholics on the court, and for the first time ever, there would not be any protestants on the nation's highest court. let's discuss this and more with our senior political analyst gloria bourger and david gergen, later served as dean of the harvard law school and i know you know her, for many years. on this issue of religion, is it a big or little deal there won't be any protestants on the court if she's confirmed?