None of the Obama eligibility appeals that have reached the Supreme Court have been “granted cert,” meaning the Supreme Court has not agreed to let any of them go forward to oral arguments. It takes four of the nine justices to agree in order for an appeal to be heard by the full Court.
The job of the Solicitor General is to argue to the government’s position before the Supreme Court. Therefore Kagan had no impact on any of the Obama eligibility appeals that were denied Petitions for Writs of Certiorari.
The fact that Elena Kagan’s name was on hundreds of appeals to the Supreme Court including those questioning Obama’s eligibility was just a legal formality. It was her job as Solicitor General to represent the Government if the Supreme Court decided to hear a case.
Also Justice Kagan has recused herself from participating in Oral Arguments or decisions on every appeal that she participated in as Solicitor General. That’s more than half the cases that the Supreme Court has heard since she was confirmed.
NONE of the liberal Justices are needed to approve an Obama eligibility lawsuit for a hearing before the Supreme Court. It takes four Justices and Alito, Kennedy, Roberts, Scalia and Thomas were all appointed by Republican Presidents.