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It's elena kagan in the confirmation process? >> it's pretty easy. but there are fascinating politics about this. broadly, arlen specter as a republican voted against elena kagan for her nomination as solicitor general. now that she a democrat with primary in two weeks he will have to vote for her because he has to do what the white house is doing. but she in a heated primary that closed in the past couple weeks to make it not only the issue we'll talk about here for the next several weeks but it becomes a big campaign issue in pennsylvania. >> she was confirmed -- for the record, she was conf...

-- counsel bauer. that is justice kennedy. then you can have a majority. >> the one advantage kagan has is her youth. she is 50. she could be on for three decades. long after america goes bankrupt, she'll still be on the court. that is a huge advantage then. she has seven years on wood. >> ten. >> i think wood is 57. perhaps i'm off bay yea by a ye two. clarence thomas was the youngest. kagan would be the youngest. that is a hell of a legacy. >> bret: quickly, juan, is there any disappoint in the the african-american community if he does not nominate an african-american? >> i haven't heard a p...