WASHINGTON - MAY 20: Former U.S. Supreme Court Justice Sandra Day O'Connor (L) talks with U.S. Solicitor General Elena Kagan during the Sandra Day O'Connor Project on The State of The Judiciary's forum "Striking the Balance: Fair and Independent Courts in a New Era" at Georgetown University Law Center May 20, 2009 in Washington, DC. A former Dean of the Harvard Law School, Kagan's name has been included on many peoples' short list of possible candidates to the Supreme Court to replace Justice David Souter, who is retiring this year. (Photo by Chip Somodevilla/Getty Images)