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Your arguments are convincing, but there are two other issues that are regularly ignored. One is the religious makeup of the court. Kagan's appointment would leave 3 Jewish Judges, or 33% of the court, when less than 2% of the country is Jewish. 6 of the Supremes are Roman Catholic, 66%, when less than 25% of American citizens are Catholic. Not diverse, not balanced. Second is the ideology and political connectedness they bring from their law school. All but one, Ginsburg, would be from Harvard or Yale law school. Not diverse, not balanced. BTW, 4 are members of the Federalist Society! Wow!