Last time President Obama had a chance to fill a Supreme Court vacancy, lesbians Kathleen Sullivan and Pam Karlan were supposedly on the shortlist. And now that Justice John Paul Stevens, who is 90, plans on retiring? The front-runners appear to be federal appellate judges Diane Wood and Merrick Garland and U.S. Solicitor General Elena Kagan, the lesbian former Harvard Law dean who’s held the post since March 2009 (and became the first woman to do so), and who was also a top contender in the race that eventually seated Sonia Sotomayor.
As we understand it, Kagan is out, but has not commented on her sexuality for reporters. But most notable about Kagan is not her sexuality, but her status: While all the Supreme Court’s sitting justices have been judges, Kagan has never held a bench seat.