President Barack Obama has announced his nominee to fill the Supreme Court seat vacancy that will be left by Justice John Paul Stevens when he retires this summer. Before the Senate Judiciary Committee vets Solicitor General Elena Kagan, see how much you know about this candidate and decide if she deserves a lifelong endorsement.
Quick facts
Current Position: U.S. solicitor general (since March 2009)
Birthday: April 28, 1960
Hometown: New York, N.Y.
Career History:
- Dean of Harvard Law School (2003 to 2009)
- Professor of law at Harvard 1999 to 2009)
- Joined Clinton administration first as an adviser and then as deputy assistant for domestic policy (1995 to 1999)
- Professor of law at University of Chicago (1991-1995 with a brief hiatus to serve as special counsel to then-Sen. Joe Biden)
- Associate for law firm Williams & Connolly (1988-1991)
- Clerk for federal court Judge Abner Mikva (1986 and 1987)
Education: 1981; Oxford University, M. Phil., 1983; Harvard Law School, J.D., 1986 Princeton University, A.B. (history)
First female to be:
Dean of Harvard Law School (2003)
U.S .Solicitor General (2009) – confirmed 61 to 31
She would be the fourth female Supreme Court justice (and second appointed by Obama)
Kagan: On the issues
GAY RIGHTS: Outspoken against “Don’t Ask Don’t Tell” and in support of the First Amendment (Reinstated the policy that Harvard Law School would not allow the military to recruit on campus due to Don’t Ask Don’t Tell).
LIBERAL vs CONSERVATIVE: Considered by many of her peers and those who wrote letters in support of her nomination for solicitor general to be a moderate liberal.
EXECUTIVE POWER: Debated progressive stance on executive power; some fear she might lean toward a Bush-Cheney type of doctrine, although others disagree.
DETAINEES: Supported detaining enemy forces without trial when questioned by Sen. Lindsay Graham, R-S.C., during her solicitor general confirmation hearings. When asked if she agreed that detainment of enemy combatants during war without trial was legal she said, “I think that makes sense, and I think you’re correct that that is the law.”
FIRST AMENDMENT: In three separate papers published during the 1990s Kagan argued that the government is not required to prohibit or endorse any type of speech.
NOMINEES: In a paper written in 1995, Kagan called for more stringent questioning of Supreme Court nominees. She argued they should answer questions about their legal views, possible votes and positions on issues.