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Main article: "Elena Kagan Supreme Court nomination Elena Kagan Supreme Court nomination § Full Senate.

Prior to the election of President "Barack Obama, Kagan was the subject of media speculation regarding her potential to be nominated to the "Supreme Court of the United States if a "Democratic president were elected in 2008.[53][54][55][56][57] This speculation increased after the retirement announcement of Associate Justice "David H. Souter, effective at the start of the Court's summer 2009 recess.[58] Upon the death of Justice "Antonin Scalia in 2016, CNN political commentator and former senior advisor to Obama "David Axelrod reported that Scalia had personally recommended Kagan as an adequate replacement for Souter.[59]

It was speculated that her position as Solicitor General would increase Kagan's chances for nomination, since Solicitors General have been considered potential nominees to the Supreme Court in the past. On May 13, 2009, the "Associated Press reported that Obama was considering Kagan, among others, for possible appointment to the United States Supreme Court.[60] On May 26, 2009, however, Obama announced that he was nominating "Sonia Sotomayor to the post.[61]

Kagan meets with Obama in the "Oval Office, April 2010.

On April 9, 2010, Justice "John Paul Stevens announced that he would retire at the start of the Court's summer 2010 recess, triggering new speculation about Kagan's potential nomination to the bench.[62] In a Fresh Dialogues interview, "Jeffrey Toobin, a Supreme Court analyst and Kagan's friend and law school classmate,[63] speculated that Kagan would likely be President Obama's nominee, describing her as "very much an Obama type person, a moderate Democrat, a consensus builder."[64] This possibility alarmed many liberals and progressives, who worried that "replacing Stevens with Kagan risks moving the Court to the right, perhaps substantially to the right."[65]

While Kagan's name was mentioned as a possible replacement for Justice Stevens, the "New York Times noted that she "has supported assertions of "executive power."[66] This view of vast executive power has caused some commentators to fear that she would reverse the majority in favor of protecting "civil liberties on the Supreme Court were she to replace Stevens.[67]

On May 10, 2010, Obama nominated Kagan to the Supreme Court to fill the vacancy left by Justice Stevens.[68] The deans of over one-third of the country's law schools, sixty-nine people in total, endorsed Kagan's nomination in an "open letter in early June. It lauded what it considered her coalition-building skills and "understanding of both doctrine and policy" as well as her written record of legal analysis.[69]

Kagan, Obama, and Roberts before her investiture ceremony

The confirmation hearings began June 28. Kagan's testimony and her answers to the "Senate Judiciary Committee's questions on July 20 were uneventful, containing no new revelations about her character or background. "Arlen Specter of "Pennsylvania cited an article Kagan had published in the "Chicago Law Review in 1995, criticizing the evasiveness of Supreme Court nominees in their hearings.[70] Kagan, noted Specter, was now practicing that very evasiveness.[71] On July 20, 2010, the Senate Judiciary Committee voted 13–6 to recommend Kagan's confirmation to the full Senate. On August 5 the full Senate confirmed her nomination by a vote of 63–37.[72] The voting was largely on party lines, with five Republicans (Richard Lugar, Judd Gregg, Lindsey Graham, Susan Collins, and Olympia Snowe) supporting her and one Democrat (Ben Nelson) opposing. The Senate's two independents voted in favor of confirmation. She was sworn in by "Chief Justice "John Roberts on Saturday August 7, in a private ceremony.[5][73]

Kagan is the first justice appointed without any prior experience as a judge since "William Rehnquist in 1972.[74][75][76] She is the fourth female justice in the Court's history (and, for the first time, part of a Court with three female justices) and the eighth "Jewish justice,[77] making three of the nine current justices Jewish.

Tenure as Justice[edit]

Elena Kagan with "Jeanne Shaheen

Kagan's first opinion, "Ransom v. FIA Card Services, was filed on January 11, 2011. In an 8–1 decision, Kagan found that an individual declaring bankruptcy could not count expenses for a car he had paid off in his "applicable monthly expenses".[78][79]


In 2013, a painting featuring Kagan, "Sonia Sotomayor, "Ruth Bader Ginsburg, and "Sandra Day O'Connor was unveiled at the "Smithsonian National Portrait Gallery in Washington, D.C. According to the Smithsonian at the time, the painting was on loan to the museum for three years.[80]

See also[edit]


  1. ^ "In Kagan, 'a Democrat's Democrat'". POLITICO. 
  2. ^ a b c d e "Growing Up, Kagan Tested Boundaries of Her Faith." The New York Times. May 12 2010. May 19 2010.
  3. ^ a b Who's Who In America (2008). "Elena Kagan – WhosWhoInAmerica.Com". Marquis. Retrieved January 3, 2009. 
  4. ^
  5. ^ a b Julie Hirschfeld Davis (August 5, 2010). "Senate Kagan sworn in as Supreme Court justice: She won't be formally installed as a justice until Oct. 1". Associated Press. Retrieved August 7, 2010. 
  6. ^ "Paid Notice: Deaths Kagan, Gloria Gittelman". "The New York Times, July 13, 2008.
  7. ^ "Robert Kagan, 67, Lawyer for Tenants". The New York Times, July 25, 1994.
  8. ^ "Kagan's remarks on her Supreme Court nomination". Associated Press, May 10, 2010.
  9. ^ a b c d e Sheryl Gay Stolberg; Katharine Q. Seelye; Lisa W. Foderaro (May 10, 2010). "A Climb Marked by Confidence and Canniness". The New York Times. Retrieved May 15, 2010. 
  10. ^ "Pals from student days remember a determined Elena Kagan". CNN. May 11, 2010. Retrieved May 22, 2010. 
  11. ^ "Manhattan Renders Its Verdict on Court Pick". Fordham Law Newsroom. May 11, 2010. Retrieved June 10, 2011. 
  12. ^ Brad DeLong (May 17, 2010). "Elena Kagan's Undergraduate Thesis – Grasping Reality with Both Hands". Retrieved July 1, 2010. 
  13. ^ Seelye, Katharine Q; Lisa W. Foderaro; Sheryl Gay Stolberg (May 10, 2010). "A Climb Marked by Confidence and Canniness". The New York Times. Retrieved May 10, 2010. 
  14. ^ Cliatt, Cass (May 10, 2010). "Princeton alumna Kagan nominated to Supreme Court". "Princeton University. Retrieved May 10, 2010. 
  15. ^ Romano, Andrew (May 19, 2010). "Elena Kagan: Cub Reporter". Newsweek. Retrieved May 19, 2010. 
  16. ^ Fellowship in memory of "Rhodes Scholar from Princeton, Daniel M. Sachs. See Other notable Sachs Scholars include "Anne-Marie Slaughter and "Christine Whelan.
  17. ^ "Kagan '81 nominated for U.S. solicitor general", Daily Princetonian, December 12, 2008.
  18. ^ "Elena Kagan's Nomination". The New Yorker. May 10, 2010. Retrieved May 15, 2010. 
  19. ^ Sweet, Lynn (November 20, 2007). "Elena Kagan played Chicago-style 16-inch softball at U of Chicago". Chicago Sun Times Blogs. Retrieved May 11, 2010. 
  20. ^ The Changing Face of First Amendment Neutrality: R.A.V. v. St. Paul, Rust v. Sullivan and the Problem of Content-Based Underinclusion, The Supreme Court Review, Vol. 1992 pp. 29-77 (1992)
  21. ^ Private Speech, Public Purpose: The Role of Governmental Motive in First Amendment Doctrine, 63 U.Chicago L.Rev. Vol.63, No.2 (Spring 1996) pp. 413-517
  22. ^ Review of The Confirmation Mess, U.Chicago L.Rev. Vol. 62 (Spring 1995) pp. 919-942
  23. ^ "Kagan Argued for Government 'Redistribution of Speech'". Retrieved May 13, 2010. 
  24. ^
  25. ^ Seelye, Katharine Q; Lisa W. Foderaro; Sheryl Gay Stolberg (May 10, 2010). "A Climb Marked by Confidence and Canniness". The New York Times. Retrieved May 10, 2010. 
  26. ^ Main page, Elena Kagan Collection, "Clinton Library, accessed July 22, 2013.
  27. ^ Jill Zeman Bleed, Kagan in '97 urged Clinton to ban late abortions, "MSNBC (May 10, 2010).
  28. ^ Savage, David G. (September 27, 2002). "Little Light Shed on Bush Judicial Pick". Los Angeles Times. p. A-18. Retrieved January 5, 2009. The post Estrada hopes to fill is vacant because Republicans blocked action on two Clinton picks for the court: Washington attorney Allen Snyder and Harvard law professor Elena Kagan. 
  29. ^ Sweet, Lynn (May 11, 2010). "Kagan's Chicago ties :: Chicago Sun-Times :: 44: Barack Obama". Chicago Sun-Times. Retrieved July 1, 2010. 
  30. ^ "Elena Kagan law articles not so easy to count". @politifact. 
  31. ^ "Berman, Russell (August 21, 2008). "Summers Manages Low Profile While Advising Senator Obama; Some Women Warn Democrat About Former Harvard President". "New York Sun. Retrieved January 5, 2009. 
  32. ^ Saltzman, Jonathan; Jan, Tracy (April 15, 2010). "At Harvard, dean eased faculty strife". Boston Globe. Retrieved May 13, 2010. 
  33. ^ a b Woolhouse, Megan (January 4, 2009). "Kagan, possible Obama pick, thawed Harvard Law". Boston Globe. Retrieved May 13, 2010. 
  34. ^ "Elena Kagan and the Miracle at Harvard". Social Science Research Network. June 28, 2010. "SSRN 1631496Freely accessible. 
  35. ^ "Harvard Law School Celebrates Record-setting Capital Campaign". Harvard Law School. October 2008. Retrieved January 5, 2009. Harvard Law School's "Setting the Standard" campaign has raised $476,475,707, making it the most successful fund-raising drive in the history of legal education. 
  36. ^ Woolhouse, Megan (January 4, 2009). "She's thawed Harvard Law". Boston Globe. Retrieved May 10, 2010. 
  37. ^ "The Harvard Law Record – Lessig rejoining faculty". Retrieved May 13, 2010. 
  38. ^ Washburn, Kevin K. (July 26, 2010). "Elena Kagan and the Miracle at Harvard". University of New Mexico School of Law Legal Studies Research Paper Series. SSRN. "SSRN 1631496Freely accessible. 
  39. ^ Matthews, Dylan (May 5, 2009). "A More Gay Friendly Supreme Court". "Campus Progress. Retrieved April 16, 2010. 
  40. ^ Totenberg, Nina (December 22, 2009). "Solicitor General Kagan Holds Views Close To Her Chest". NPR. Retrieved December 22, 2009. 
  41. ^ Goldstein, Amy (April 18, 2010). "Foes may target Kagan's stance on military recruitment at Harvard". The Washington Post. Retrieved May 1, 2010. 
  42. ^ "Kelley, Matt (April 27, 2010). "Possible Supreme Court pick had ties with Goldman Sachs". USA Today. Retrieved May 10, 2010. 
  43. ^ Gay Stolberg, Sheryl (May 25, 2010). "At Harvard, Kagan Aimed Sights Higher". The New York Times. Retrieved February 11, 2012. 
  44. ^ "More Obama Justice Dept Picks Announced". CNN. January 5, 2009. Retrieved May 8, 2009. 
  45. ^ "Obama names Jewish woman as solicitor general". JTA. January 6, 2009. Retrieved July 1, 2010. 
  46. ^ "Totenberg, Nina (May 9, 2010), Seen As Rising Star, Kagan Has Limited Paper Trail, NPR, retrieved August 5, 2010 
  47. ^ Healey, Jon (March 26, 2009). "Elena Kagan and the GOP's perilous partisanship". Los Angeles Times. Retrieved May 8, 2009. 
  48. ^ "On the Nomination (Confirmation Elena Kagan, of Massachusetts, to be Solicitor General)". United States Senate. March 19, 2009. Retrieved March 19, 2009. 
  49. ^ "Mauro, Tony (September 9, 2009). "Supreme Court Majority Critical of Campaign Law Precedents". The Blog of LegalTimes. Retrieved November 28, 2009. 
  50. ^ David L. Hudson Jr. (May 10, 2010). "Kagan's First Amendment record causes concern". First Amendment Center. 
  51. ^ Ilya Shapiro (May 10, 2010). "Initial Kagan Critiques Miss the (First Amendment) Point". Cato Institute. 
  52. ^ Lee, Carol E. (May 12, 2010). "Gay rights central to Elena Kagan fight". Politico. 
  53. ^ "As Harvard Seeks a President, Dean Kagan's Star Is Rising – March 10, 2006 – The New York Sun". March 10, 2006. Retrieved May 8, 2009. 
  54. ^ McGough, Michael (August 9, 2004). "Campaign 2004: Election likely to alter make-up of Supreme Court". Retrieved May 8, 2009. 
  55. ^ "The Democratic (Not So) Short List". SCOTUSblog. July 12, 2007. Archived from the original on December 12, 2007. Retrieved May 8, 2009. 
  56. ^ "Follow-Up to the Democratic (Not So) Short List". SCOTUSblog. Archived from the original on December 12, 2007. Retrieved May 8, 2009. 
  57. ^ "Dems sketch Obama staff, Cabinet – Mike Allen". " Retrieved May 8, 2009. 
  58. ^ Souter, David H. (May 1, 2009). "David H. Souter Letter to President Obama, May 1, 2009" (PDF). The New York Times. 
  59. ^ Axelrod, David. "David Axelrod: A surprise request from Justice Scalia –". CNN. Retrieved 2016-02-16. 
  60. ^ "AP source: Obama has more than 6 people for court". Archived from the original on May 30, 2009. Retrieved May 13, 2009. 
  61. ^ "Totenberg, Nina (April 30, 2009). "Supreme Court Justice Souter to Retire". "NPR. Retrieved April 30, 2009. 
  62. ^ "Justice Stevens Says He Is Retiring This Summer". The New York Times. April 9, 2010. Retrieved April 9, 2010. ["dead link]
  63. ^ Rothstein, Betsy (May 10, 2010) NBC Breaks Kagan News When Toobin Could Have Called Archived May 14, 2010, at the "Wayback Machine.,
  64. ^ Fresh Dialogues Interview Series with Alison van Diggelen on "YouTube, April 9, 2010.
  65. ^ "Glenn Greenwald (April 13, 2010) The case against Elena Kagan, Salon
  66. ^ Possible Candidates, The New York Times (April 9, 2010)
  67. ^ Glenn Greenwald, Justice Stevens' retirement and Elena Kagan, Salon (April 9, 2010)
  68. ^ "Elena Kagan Nominated to the Supreme Court". CBS News. May 10, 2010. Retrieved March 30, 2012. 
  69. ^ Goldstein, Amy (June 15, 2010). "69 law school deans endorse Kagan in letter to Senate". The Washington Post. Retrieved July 1, 2010. 
  70. ^ "Elena Kagan's law review article said Supreme Court nominees should be forthcoming". PolitiFact. Retrieved May 4, 2011. 
  71. ^ Jay Newton-Small (June 30, 2010). "Kagan's Haven?". Time. 
  72. ^ Arce, Dwyer (August 5, 2010). "Senate votes to confirm Kagan to Supreme Court". "JURIST. Retrieved December 15, 2010. 
  73. ^ Mark Arsenault (August 5, 2010). "Senate confirms Kagan as 112th justice to Supreme Court". Boston Globe. Retrieved August 5, 2010. 
  74. ^ Baker, Peter (May 2, 2010). "Obama Is Said to Choose Elena Kagan for the Supreme Court". The New York Times. Retrieved May 11, 2010. 
  75. ^ "Obama picks Kagan for Supreme Court – Supreme Court". MSNBC. Associated Press. May 11, 2010. Retrieved May 11, 2010. 
  76. ^ "Supreme Court: Justices Without Prior Judicial Experience". Retrieved May 11, 2010. 
  77. ^ Scherer, Michael (May 10, 2010). "Court Nominee Elena Kagan: Let the Scrutiny Start". Time. Retrieved October 3, 2010. 
  78. ^ Bravin, Jess (January 11, 2011). "Justice Kagan Pens First Opinion, an 8–1 Win for Credit Card Companies". "The Wall Street Journal. Retrieved January 18, 2011. 
  79. ^ "09-907 Ransom v. FIA Card Services (01/11/2011)" (PDF). Retrieved May 4, 2011. 
  80. ^ Reilly, Mollie (October 28, 2013). "The Women Of The Supreme Court Now Have The Badass Portrait They Deserve". The Huffington Post. Retrieved November 2, 2015. 

External links[edit]

Academic offices
Preceded by
"Robert Clark
"Dean of Harvard Law School
Succeeded by
"Martha Minow
Legal offices
Preceded by
"Edwin Kneedler
"Solicitor General of the United States
Succeeded by
"Neal Katyal
Preceded by
"John Paul Stevens
"Associate Justice of the Supreme Court of the United States
"United States order of precedence (ceremonial)
Preceded by
"Sonia Sotomayor
as Associate Justice of the Supreme Court
"Order of Precedence of the United States
as Associate Justice of the Supreme Court
Succeeded by
"Neil Gorsuch
as Associate Justice of the Supreme Court
) )