Friday, April 9, 2010 11:23 AM
Elena Kagan
The solicitor general is the "prohibitive front-runner," wrote Tom Goldstein, a leading Supreme Court litigator and the founder of Scotusblog, in a widely read February 23 piece on his website. I would strike "prohibitive."
Kagan's assets include her outstanding record as a professor and dean at Harvard Law School, where she brought in some conservative professors and calmed the school's politically contentious faculty; her experience as a domestic policy aide in the Clinton White House; her age (only 49); and -- crucially -- her careful avoidance of a paper trail of controversial statements for critics to attack.
Indeed, Goldstein wrote, "I don't know anyone who has had a conversation with her in which she expressed a personal conviction on a question of constitutional law in the past decade."
The one issue that could slow down Kagan's confirmation is her impassioned effort as dean to bar military recruiting on campus to protest the law banning openly gay people from serving in the military, which she called "a moral injustice of the first order."
Kagan carried this opposition to the point of joining a 2005 amicus brief whose strained interpretation of a law denying federal funding to institutions that discriminate against military recruiters would -- the Supreme Court held in an 8-0 decision -- have rendered the statute "largely meaningless." This helps to explain the 31 Republican votes against confirming her as solicitor general.
Many liberal critics are unhappy with Kagan's arguments as solicitor general supporting the "state secrets" doctrine, detentions without trial, and other broad Obama claims of executive power to fight terrorism -- some of them similar to the Bush policies that liberals hate. But their angst would be no obstacle to confirmation.
The retirement of Supreme Court Justice John Paul Stevens will give President Obama another chance to fill the high court vacancy. National Journal columnist Stuart Taylor Jr. gives four candidates he thinks are on the SCOTUS shortlist. The other three:


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Wednesday, February 2, 2011
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Thursday, March 31, 2011
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Wednesday, April 6, 2011
Solicitor Elena Kagan sure has very impressive achievements to her credit and I am sure that she’ll give a very tough contest to her competitors for any post that she may have her eyes on!! She has proved her caliber with the various positions that she has held and I am sure that she will be a candidate seriously for the post of the Supreme Court Chief Justice once the present Chief Justice Paul Stevens retires!! diet program review
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Sunday, May 22, 2011
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Wednesday, May 25, 2011
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Tuesday, June 28, 2011
I think she's a great person but my favorite one from the political scene has got to be Aaron DelSignore. That man is surely one league ahead of his colleagues.
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Sunday, August 7, 2011
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Tuesday, August 9, 2011
The people through their legislatures raises profoundly difficult issues of democracy and the debate over the role of international law in America is not all that new, but it has been a point of disagreement to the current justices on the Supreme Court.@research paper
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Monday, September 5, 2011
Thanks for this ninthjustice. I'm not so sure that I agreed with the shortlist, I guess you meant that in the title? dorgard
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Thursday, September 8, 2011
She definitely helped Harvard become a more friendly environment. I think she will do just fine as she climbs the political ranks.
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Monday, January 23, 2012
Chief Justice John Roberts swore in Elena Kagan as the nation's 112th Supreme Court justice on Saturday 6th August 2010, making women one-third of the nation's highest court for the first time in history.
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