What Kagan can expect the first day on the bench

Monday, Oct. 4, the opening day of the Supreme Court term, marks Elena Kagan’s first day behind the bench as a Supreme Court justice. Gregory Magarian, JD, professor of law at Washington University In St. Louis and former clerk for retired Justice John Paul Stevens, says that the experience of oral argument from the other side of the bench will be entirely new to Kagan. “There is no formal or conventional restriction on new arrivals’ participation in argument, but in all likelihood, Justice Kagan will display a bit of reserve at first while she gets used to the rhythm of questioning by nine justices,” Magarian says.