What is LawBrain?
It's a living legal community making laws accessible and interactive. Click Here to get Started »

Elena Kagan

From lawbrain.com

Elena Kagan is the 112th justice of the U.S. Supreme Court.

She was confirmed for the post by the U.S. Senate on August 5, 2010.[1]

Prior to her role as a Supreme Court Justice, Kagan served as the 45th U.S. Solicitor General in March 2009 and was nominated to the Supreme Court of the United States on May 10, 2010 by President Barack Obama.



As Solicitor General, Elena Kagan supervises and conducts government litigation in the United States Supreme Court.[2]  Prior to her appointment as Solicitor General, Kagan was the 11th Dean of the Harvard Law School.  As a scholar of administrative law, Kagan began teaching at Harvard in 1999 in the areas of administrative law, constitutional law and civil procedure.  In 2003, she was appointed Dean of the Law School.  Kagan also served in the White House, first as Associate Counsel to President Clinton (1995-96) and then as Deputy Assistant to the President for Domestic Policy and Deputy Director of the Domestic Policy Council (1997-99).[3]

Kagan was recently requested to complete a questionnaire from the United States Senate Committe on the Judiciary with regard to her nomination to the Supreme Court.  Her answers were recently received.[4]

The Senate Judiciary Committee has approved Kagan's Supreme Court nomination by a vote of 13 - 6. If Kagan is confirmed by the full Senate in early August 2010, Kagan will be the third female supreme court justice to serve. This will be the first time in U.S. history that three women have simultaneously served on the court.[5]

On August 5, 2010 the United States Senate approved Kagan as a U.S. Supreme Court Justice in a vote of 63-37, largely along party lines. She is the fourth female justice to serve on the Supreme Court in U.S. history.

Kagan's Opinions

Much of the controversy surrounding Elena Kagan's nomination to the Supreme Court deals with the fact that she has never sat on the bench as a judge.  Additionally, there is little knowledge about what her judicial philosophy is as there is a minimal amount of oral or written communication on how she believes a judge ought to decide cases.  Below are a few documents indicating some amount of opinion of various legal issues.

Memo topics and notes while working for White House:

Responses to Supreme Court cases as Solicitor General:

  • Richard Lawrence Alexis v. Eric H. Holder, Jr.[10]
  • Lyndon Young v. Eric H. Holder, Jr.[11]
  • Beauvais Bellevue v. Eric H. Holder, Jr.[12]
  • Derek Cunningham v. United States of America[13]
  • Gena Marie Dunphy v. United States of America [14]


  1. http://www.reuters.com/article/idUSN0514726620100805
  2. http://www.justice.gov/osg/
  3. http://www.justice.gov/osg/meet-osg.html
  4. http://www.washingtonpost.com/wp-srv/politics/documents/ElenaKagan-PublicQuestionnaire.pdf
  5. http://www.latimes.com/news/sc-dc-kagan-vote-20100720,0,3340875.story?track=rss&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+latimes%2Fnews+%28L.A.+Times+-+Top+News%29
  6. http://www.clintonlibrary.gov/Documents/Kagan%20-%20Bruce%20Reed/Kagan%20-%20Bruce%20Reed%20-%20Subject%20File%20Series/Box%2097%20Abortion%20Doc%203.pdf
  7. http://www.clintonlibrary.gov/Documents/Kagan%20-%20Bruce%20Reed/Kagan%20-%20Bruce%20Reed%20-%20Subject%20File%20Series/Box%20105%20Cloning.pdf
  8. http://www.clintonlibrary.gov/Documents/Kagan%20-%20Bruce%20Reed/Kagan%20-%20Bruce%20Reed%20-%20Subject%20File%20Series/Box%20124%20Race%20Commission%20Doc%201.pdf
  9. http://www.clintonlibrary.gov/Documents/Kagan%20-%20Bruce%20Reed/Kagan%20-%20Bruce%20Reed%20-%20Welfare%20Reform%20Series/Box%206%20Churches.pdf
  10. http://www.justice.gov/osg/briefs/2009/0responses/2009-0955.resp.pdf
  11. http://www.justice.gov/osg/briefs/2009/0responses/2009-0733.resp.pdf
  12. http://www.justice.gov/osg/briefs/2004/0responses/2004-0828.resp.html
  13. http://www.justice.gov/osg/briefs/2008/0responses/2008-1149.resp.pdf
  14. http://www.justice.gov/osg/briefs/2008/0responses/2008-1185.resp.pdf

External Links

Related Resources on FindLaw

Related Blogs on FindLaw

Failed to load RSS feed from http://search.yahooapis.com/WebSearchService/rss/webSearch.xml?appid=yahoosearchwebrss&query=Elena+Kagan%20site:blogs.findlaw.com!

                                                                            Web Services by Yahoo!

See Also


FindLaw Michelle, FindLaw Nira, FindLaw Sarah