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>> hasn't spent one day that robe. >> reporter: oh, yeah? what do you think about her in a robe and gavel in her high school year back? >> the judicial monastery. >> vice president biden wasn't talking like a monk. the last big ceremony in the east room. this time we waited with baited breath and started whispering next to the open mike. >> go get 'em kid, love i can't, that's not a gaffe either. you should have been listen to the golf champ. when tiger woods withdrew because of a possible bulging disk injury. >> he says he's been playing with a bad neck and believes it

I think her mother would relish this moment. i think she would relish, as i do, the prospect of three women taking their seat on the nation's highest court for the first time in history. >> of course that was president obama just a short time ago announcing elena kagan's nomination. norah o'donnell, chief washington correspondent, norah, it's interesting patrick leahy, senator leahy said, quote, they would like to see someone outside the judicial monastery, maybe harvard can be included. another name from the harvard community selected by the community. >> yes. unless you've been to harvard or...

Comes off looking like amateur wife swapping. but a spouse would know better than to divulge kagan's nickname. >> shorty. >> she's confident, she's intelligent, she is short. >> reporter: so short at 5'3", that president obama gallantly -- >> let me get this out for you. >> reporter: -- pulled out a pedestal for kagan to step on to. not that we in the press ever use anything to make us easier to see. whether kagan climbs to the highest judicial rung may hinge on the argument that she's never even been a judge. >> she hasn't spent one day in a robe. >> reporter: oh, yeah? what do you think this...

Without judicial experience. the question is whether that's some sort of asset as the white house seems to claim or some sort of deficiency that needs to be compensated for. >> what do you character it as? >> i think it's a deficiency. best training is experience. elena kagan said as much in a law review article she wrote 15 or so years ago. have in mind that while she may be outside the judicial monastery, she's lived a cloistered life in the confines of academia. not as though vibrant real life, she has all the down sides of the so-called judicial monastery. >> what do you characterize as vi...

Harvard law degree. three others yale. i should say four others yale. clearly that's an ivy league background. judicial monastery, talking about being a judge. it is true elena kagan has not been a judge. the first nonjudge in 40 years as william renquist. as people point out william renquist went on to be chief justice and he was not a judge, so that wasn't a problem. the president wanted real life experience, excellence, experience, integrity, a passion for the law. he characterized her as a trailblazer, not only the first woman dean of the harvard law school but first solicitor general. she...