Obama Will Nominate Elena Kagan to Supreme Court President Obama plans to nominate solicitor general for high court seat By M. Morris, Newser Staff Posted May 9, 2010 9:18 PM CDT Updated May 9, 2010 10:20 PM CDT 29 comments Comments Solicitor General Elena Kagan speaks during a legal conference Monday, May 3, 2010 in Chicago. President Obama plans to nominate Kagan to replace retiring US Supreme Court Justice John Paul Stevens. (AP Photo/David Banks) (Newser) – President Obama plans to nominate Elena Kagan to the Supreme Court to replace John Paul Stevens tomorrow, MSNBC reports and numerous other sources comfirm. Should Kagan, 50, be confirmed, the high court would have three female justices for the first time. Her nomination marks the first time in 38 years that a Supreme Court nominee was not a sitting judge, notes the Washington Post. Kagan, the first female solicitor general, was confirmed to that post last year by a 61-31 vote, but the path to the high court is likely to be considerably rockier.