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Elena Kagan - Wikipedia, the free encyclopedia                                                    http://en.wikipedia.org/wiki/Elena_Kagan




          From Wikipedia, the free encyclopedia

          Elena Kagan (pronounced /ˈkeɪɡən/; born April 28, 1960)[3]
          is an Associate Justice of the Supreme Court of the United                         Elena Kagan
          States, serving since August 7, 2010. Kagan is the Court's
          112th justice and fourth female justice.

          Kagan was born and raised in New York City. After attending
          Princeton, Oxford, and Harvard Law School, she completed
          federal Court of Appeals and Supreme Court clerkships. She
          began her career as a professor at the University of Chicago
          Law School, leaving to serve as Associate White House
          Counsel, and later as policy adviser, under President Clinton.
          After a nomination to the United States Court of Appeals for
          the D.C. Circuit, which expired without action, she became a
          professor at Harvard Law School and was later named its first
          female dean.

          President Obama appointed her Solicitor General on January
          26, 2009. On May 10, 2010, Obama nominated her to the              Associate Justice of the Supreme Court of the
          Supreme Court to fill the vacancy from the impending                                United States
          retirement of Justice John Paul Stevens. After Senate                                 Incumbent
          confirmation, Kagan was sworn in on August 7, 2010, by
                                                                                             Assumed office
          Chief Justice John G. Roberts. Kagan's formal investiture
                                                                                             August 7, 2010
          ceremony before a special sitting of the United States
          Supreme Court took place on October 1, 2010.[4]                  Nominated by      Barack Obama
                                                                           Preceded by       John Paul Stevens
                                                                              45th Solicitor General of the United States
                                                                                                 In office
                                                                                    March 19, 2009 – May 17, 2010[1]
                      1 Personal life and education                        President         Barack Obama
                      2 Early legal and academic career
                                                                           Deputy            Neal Katyal
                      3 White House and judicial nomination
                      4 Return to academia                                 Preceded by       Edwin Kneedler (Acting)
                      5 Solicitor General                                  Succeeded by      Neal Katyal (Acting)
                      6 Supreme Court
                      7 See also                                                    11th Dean of Harvard Law School
                      8 References                                                                In office
                      9 Further reading                                                July 1, 2003 – March 19, 2009
                      10 External links
                                                                           Preceded by       Robert Clark
                                                                           Succeeded by      Martha Minow
                                                                                             Personal details
                                                                           Born              April 28, 1960
          Kagan was born in New York City, the middle of three                               New York City, New York, U.S.
          children, on the city's Upper West Side. Her mother, Gloria
          Gittelman Kagan, taught fifth and sixth grade at Hunter


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Elena Kagan - Wikipedia, the free encyclopedia                                                    http://en.wikipedia.org/wiki/Elena_Kagan


          College Elementary School, and her father, Robert Kagan,
                                                                             Alma mater       Princeton University
          was an attorney.[5][6] Kagan's two brothers are public school
                                                                                              Worcester College, Oxford
          teachers.[7]
                                                                                              Harvard Law School
          Kagan and her family lived in a third-floor apartment at West      Religion          Conservative Judaism[2]
          End Avenue and 75th Street[8] and attended Lincoln Square
          Synagogue.[9] Kagan was independent and strong-willed in her youth and, according to a former law partner,
          clashed with her Orthodox rabbi over aspects of her bat mitzvah.[8] "She had strong opinions about what a bat
          mitzvah should be like, which didn't parallel the wishes of the rabbi," said her former colleague. "But they finally
          worked it out. She negotiated with the rabbi and came to a conclusion that satisfied everybody." Kagan's rabbi,
          Shlomo Riskin, had never performed a ritual bat mitzvah before.[9] "Elena Kagan felt very strongly that there
          should be ritual bat mitzvah in the synagogue, no less important than the ritual bar mitzvah. This was really the
          first formal bat mitzvah we had," said Riskin. Kagan asked to read from the Torah on a Saturday morning but
          ultimately read on a Friday night, May 18, 1973, from the Book of Ruth.[9] Today, she identifies with
          Conservative Judaism.[9]

          Childhood friend Margaret Raymond recalled that Kagan was a teenage smoker but not a partier. On Saturday
          nights, she and Kagan "were more apt to sit on the steps of the Metropolitan Museum of Art and talk."[8] Kagan
          also loved literature and re-read Jane Austen's Pride and Prejudice every year.[8] In her Hunter College High
          School yearbook of 1977, Kagan was pictured in a judge's robe and holding a gavel.[10]

          Next to her photo was a quote from former Supreme Court Justice Felix Frankfurter: "Government is itself an
          art, one of the subtlest of arts."[11] After graduating from high school, Kagan attended Princeton University,
          where she earned an A.B., summa cum laude in history in 1981. Among the subjects she studied was the socialist
          movement in New York City in the early 20th century. She wrote a senior thesis under historian Sean Wilentz
          titled "To the Final Conflict: Socialism in New York City, 1900–1933". In it she wrote, "Through its own internal
          feuding, then, the SP exhausted itself forever. The story is a sad but also a chastening one for those who, more
          than half a century after socialism's decline, still wish to change America."[12] Wilentz insists that she did not
          mean to defend socialism, noting that, "She was interested in it. To study something is not to endorse it."[13]
          Wilentz called Kagan "one of the foremost legal minds in the country, she is still the witty, engaging,
          down-to-earth person I proudly remember from her undergraduate days."[14]

          As an undergraduate, Kagan also served as editorial chair of the Daily Princetonian. Along with eight other
          students (including Eliot Spitzer, who was student body president at the time), Kagan penned the Declaration of
          the Campaign for a Democratic University, which called for "a fundamental restructuring of university
          governance" and condemned Princeton's administration for making decisions "behind closed doors".[15]

          She received Princeton's Daniel M. Sachs Class of 1960 Graduating
          Scholarship, one of the highest general awards conferred by the
          university, which enabled her to study at Worcester College, Oxford. She
          earned a Master of Philosophy at Oxford in 1983.[16] She received a Juris
          Doctor, magna cum laude, at Harvard Law School in 1986, where she
          was supervisory editor of the Harvard Law Review. Friend Jeffrey
          Toobin recalled Kagan "stood out from the start as one with a formidable
          mind. She's good with people. At the time, the law school was a
          politically charged and divided place. She navigated the factions with          Kagan graduates from Harvard Law
          ease, and won the respect of everyone."[17]                                     School in 1986.



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Elena Kagan - Wikipedia, the free encyclopedia                                                  http://en.wikipedia.org/wiki/Elena_Kagan



          Kagan has never married and has no children.[18]




          Kagan was a law clerk for Judge Abner J. Mikva of the United States Court of Appeals for the District of
          Columbia Circuit in 1987 and for Justice Thurgood Marshall of the U.S. Supreme Court in 1988. Marshall
          nicknamed the 5 foot 3 inch Kagan "Shorty".[8] She later entered private practice as an associate at the
          Washington, D.C., law firm of Williams & Connolly.[3]

          Kagan joined the faculty of the University of Chicago Law School as an assistant professor in 1991 and became
          a tenured professor of law in 1995.[19] While at the University of Chicago, she published a law review article on
          the regulation of First Amendment hate speech in the wake of the Supreme Court's ruling in R.A.V. v. City of St.
          Paul; an article discussing the significance of governmental motive in regulating speech; and a review of a book
          by Stephen L. Carter discussing the judicial confirmation process.

          According to her colleagues, Kagan's students complimented and admired her from the beginning, and she was
          granted tenure "despite the reservations of some colleagues who thought she had not published enough."[20]




          In a 1996 White House document, Kagan grouped the National Rifle Association together with the Ku Klux Klan
          as "bad guy" organizations.[21]

          In 1996 she wrote an article in the University of Chicago Law Review entitled, "Private Speech, Public Purpose:
          The Role of Governmental Motive in First Amendment Doctrine." Kagan argued that the Supreme Court should
          examine governmental motives when deciding First Amendment cases.[22] She analyzed historic draft-card
          burning and flag burning cases in light of free speech arguments.[23]

          While serving as an adviser in the White House domestic policy office, Kagan co-authored a May 13, 1997,
          memo to President Bill Clinton urging him to support a ban on late-term abortions: "We recommend that you
          endorse the Daschle amendment in order to sustain your credibility on HR 1122 and prevent Congress from
          overriding your veto."[24]

          On June 17, 1999, Clinton nominated Kagan to the U.S. Court of Appeals for the District of Columbia Circuit, to
          replace James L. Buckley, who had taken senior status in 1996. The Senate Judiciary Committee's Republican
          Chairman Orrin Hatch scheduled no hearing, effectively ending her nomination. When Clinton's term ended, her
          nomination to the D.C. Circuit Court lapsed, as did the nomination of fellow Clinton nominee Allen Snyder.[25]




          After her service in the White House and her lapsed judicial nomination, Kagan returned to academia in 1999.
          She initially sought to return to the University of Chicago Law School, but having given up her tenured position
          as a result of her extended stint in the Clinton Administration, she needed to be rehired and the school chose not
          to do so, reportedly because of doubts as to her commitment to academia.[26] Kagan quickly found a position as
          a visiting professor at Harvard Law School. While at Harvard, she authored a law review article on United States
          administrative law, including the role of aiding the President of the United States in formulating and influencing
          federal administrative and regulatory law, which was honored as the year's top scholarly article by the American


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Elena Kagan - Wikipedia, the free encyclopedia                                                  http://en.wikipedia.org/wiki/Elena_Kagan


          Bar Association's Section on Administrative Law and Regulatory Practice, and is being developed into a book to
          be published by Harvard University Press.[citation needed]

                                                 In 2001, she was named a full professor and in 2003 was named Dean of
                                                 the Law School by Harvard University President Lawrence Summers.[27]
                                                 She succeeded Robert C. Clark, who had served as dean for over a
                                                 decade. The focus of her tenure was on improving student satisfaction.
                                                 Efforts included constructing new facilities and reforming the first-year
                                                 curriculum as well as aesthetic changes and creature comforts, such as
                                                 free morning coffee. She has been credited for employing a consensus-
                                                 building leadership style, which surmounted the school's previous
           Kagan as Dean of Harvard Law School   ideological discord.[28][29][30]

                                                    In her capacity as dean, Kagan
          inherited a $400 million capital campaign, "Setting the Standard", in
          2003. It ended in 2008 with a record breaking $476 million raised, 19%
          more than the original goal.[31] Kagan made a number of prominent new
          hires, increasing the size of the faculty considerably. Her coups included
          hiring legal scholar Cass Sunstein away from the University of
          Chicago[32] and Lawrence Lessig away from Stanford.[33] She also broke
          a logjam on conservative hires by bringing in scholars such as Jack
          Goldsmith, who had been serving in the Bush administration.[29]

          According to Kevin Washburn, dean of the University of New Mexico
          School of Law, Kagan transformed Harvard Law School from a harsh
          environment for students to one that was much more student-centric.[34]       Kagan's official portrait as Dean of
                                                                                        Harvard Law School
          During her deanship, Kagan upheld a decades old policy barring military
          recruiters from the Office of Career Services because she felt that the
          military's "Don't Ask, Don't Tell" policy discriminated against gays and lesbians. According to Campus Progress,

                As dean, Kagan supported a lawsuit intended to overturn the Solomon Amendment so military
                recruiters might be banned from the grounds of schools like Harvard. When a federal appeals court
                ruled the The Pentagon could not withhold funds, she banned the military from Harvard's campus
                once again. The case was challenged in the Supreme Court, which ruled the military could indeed
                require schools to allow recruiters if they wanted to receive federal money. Kagan, though she
                allowed the military back, simultaneously urged students to demonstrate against Don't Ask, Don't
                Tell.[35][36]

          In October 2003, Kagan transmitted an e-mail to students and faculty deploring that military recruiters had
          shown up on campus in violation of the school's anti-discrimination policy. It read, "This action causes me deep
          distress. I abhor the military's discriminatory recruitment policy." She also wrote that it was "a profound
          wrong--a moral injustice of the first order."[37]

          From 2005 through 2008, Kagan was a member of the Research Advisory Council of the Goldman Sachs Global
          Markets Institute and received a $10,000 stipend for her service in 2008.[38]




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Elena Kagan - Wikipedia, the free encyclopedia                                                   http://en.wikipedia.org/wiki/Elena_Kagan


          On January 5, 2009, President-elect Barack Obama announced he would nominate Kagan to be Solicitor
          General.[39][40] Before this appointment she had never argued a case before any court.[41] At least two previous
          solicitors general, Robert Bork and Kenneth Starr, also had no previous Supreme Court appearances, though
          Starr was a judge on the United States Court of Appeals for the District of Columbia Circuit before becoming
          Solicitor General.[42]

          Kagan was confirmed by the U.S. Senate on March 19, 2009, by a vote of 61 to 31,[43] becoming the first
          woman to hold the position. She made her first appearance before the Supreme Court on September 9, 2009, in
          Citizens United v. Federal Election Commission.[44]

          The First Amendment Center and the Cato Institute later expressed concern over arguments Kagan advanced as
          a part of her role as Solicitor General. For example, during her time as Solicitor General, Kagan prepared a brief
          defending a law later ruled unconstitutional that criminalized depictions of animal cruelty.[45][46] During her
          confirmation hearing, she said that "there is no federal constitutional right to same-sex marriage." Also during her
          confirmation hearing, she was asked about the Defense of Marriage Act, pursuant to which states cannot
          recognize same-sex marriages originating in other states. Kagan indicated that she would defend the act if "there
          was any reasonable basis to do so."[47]




              Main article: Elena Kagan Supreme Court nomination

          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.[48][49][50][51][52] This speculation increased after the
          retirement announcement of Associate Justice David H. Souter, effective
          at the start of the Court's summer 2009 recess.[53]
                                                                                          Obama nominates Kagan.
          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.[54] On May 26, 2009, however, Obama announced that he was nominating Sonia Sotomayor to the
          post.[55]

                                                  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.[56] In a
                                                  Fresh Dialogues interview, Jeffrey Toobin, a Supreme Court analyst and
                                                  Kagan's friend and law school classmate[57], 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."[58] This possibility has alarmed many liberals and progressives,
           Kagan meets with Obama in Oval         who worried that "replacing Stevens with Kagan risks moving the Court
           Office, April 2010.                    to the right, perhaps substantially to the right."[59]

                                                  While Kagan's name was mentioned as a possible replacement for Justice


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Elena Kagan - Wikipedia, the free encyclopedia                                                      http://en.wikipedia.org/wiki/Elena_Kagan



          Stevens, the New York Times noted that she "has supported assertions of executive power."[60] 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.[61]

          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.[62]

                                                 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.[63] Kagan, noted Specter,
                                                 was now practicing that very evasiveness.[64] On July 20, 2010, the
                                                 Senate Judiciary Committee voted 13–6 to recommend Kagan's
           Kagan, Obama, and Roberts before her  confirmation to the full Senate. On August 5 the full Senate confirmed
           investiture ceremony                  her nomination by a vote of 63–37.[65] 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.[4][66]

          Kagan is the first justice appointed without any prior experience as a judge since William Rehnquist in 1972.[67]
          [68][69]
                   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,[70] making three of the nine current justices Jewish.

          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".[71][72]

          Legal analyst Jeffrey Rosen praised Kagan's "eloquent voice," which he characterized as unusual for a relative
          newcomer to the Court, and noted her "ability to puncture her colleagues’ bloodless abstractions and tendentious
          arguments, and to explain the constitutional stakes in plain language that all citizens can understand."[73] He said
          Kagan's writing was giving Justice Antonin Scalia "a run for his money."




                    Barack Obama Supreme Court candidates
                    Bill Clinton judicial appointment controversies
                    Demographics of the Supreme Court of the United States
                    List of law clerks of the Supreme Court of the United States




             1. ^ Rajghatta, Chidanand (May 19, 2010). "PIO Neal Katyal poised to become US solicitor general"
                (http://timesofindia.indiatimes.com/world/indians-abroad/PIO-Neal-Katyal-poised-to-become-US-solicitor-general
                /articleshow/5946962.cms) . The Times of India. Times News Network. http://timesofindia.indiatimes.com/world


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Elena Kagan - Wikipedia, the free encyclopedia                                                     http://en.wikipedia.org/wiki/Elena_Kagan


                 /indians-abroad/PIO-Neal-Katyal-poised-to-become-US-solicitor-general/articleshow/5946962.cms. Retrieved
                 December 9, 2010.
            2.   ^ Foderaro, Lisa W. (May 12 2010). "Growing Up, Kagan Tested Boundaries of Her Faith"
                 (http://www.nytimes.com/2010/05/13/nyregion/13synagogue.html?src=me) . The New York Times.
                 http://www.nytimes.com/2010/05/13/nyregion/13synagogue.html?src=me. Retrieved May 13 2010.
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            4.   ^ a b Julie Hirschfeld Davis (Audust 5, 2010). "Senate Kagan sworn in as Supreme Court justice: She won't be
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                 /13synagogue.html) The New York Times. May 12 2010. May 19 2010.
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                 /elena.kagan.early.years/) . CNN. May 11, 2010. http://www.cnn.com/2010/POLITICS/05/10
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                 May 11, 2010. http://law.fordham.edu/18062.htm. Retrieved June 10, 2011.
           12.   ^ Brad DeLong (May 17, 2010). "Elena Kagan's Undergraduate Thesis – Grasping Reality with Both Hands"
                 (http://delong.typepad.com/sdj/2010/05/elena-kagans-undergraduate-thesis.html) . Delong.typepad.com.
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           13.   ^ Seelye, Katharine Q; Lisa W. Foderaro and Sheryl Gay Stolberg (May 10, 2010). "A Climb Marked by
                 Confidence and Canniness" (http://www.nytimes.com/2010/05/10/us/politics/10kagan.html) . The New York Times.
                 http://www.nytimes.com/2010/05/10/us/politics/10kagan.html. Retrieved May 10, 2010.
           14.   ^ Cliatt, Cass (May 10, 2010). "Princeton alumna Kagan nominated to Supreme Court" (http://www.princeton.edu
                 /main/news/archive/S27/34/66S12/index.xml?section=topstories) . Princeton University. http://www.princeton.edu
                 /main/news/archive/S27/34/66S12/index.xml?section=topstories. Retrieved May 10, 2010.
           15.   ^ Romano, Andrew (May 19, 2010). "Elena Kagan: Cub Reporter" (http://www.newsweek.com/id/238200) .
                 Newsweek. http://www.newsweek.com/id/238200. Retrieved May 19, 2010.
           16.   ^ "Kagan '81 nominated for U.S. solicitor general" (http://www.dailyprincetonian.com/2008/12/12/22450/) , Daily
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           18.   ^ "Kagan bucks 40-year trend as court pick" (http://www.reuters.com/article/idUSTRE64910220100510) , Reuters
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           19.   ^ Sweet, Lynn (November 20, 2007). "Elena Kagan played Chicago-style 16-inch softball at U of Chicago"
                 (http://blogs.suntimes.com/sweet/2010/05/elena_kagan_at_bat_played_chic.html) . Chicago Sun Times Blogs.
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                 Confidence and Canniness" (http://www.nytimes.com/2010/05/10/us/politics/10kagan.html?pagewanted=all) . The
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Elena Kagan - Wikipedia, the free encyclopedia                                                    http://en.wikipedia.org/wiki/Elena_Kagan


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           23. ^ http://www.scotusblog.com/wp-content/uploads/2010/03/Private-Speech-Public-Purpose.pdf
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               Globe. http://www.boston.com/news/education/higher/articles/2009/01/04/shes_thawed_harvard_law/. Retrieved
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           30. ^ "Elena Kagan and the Miracle at Harvard" (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1631496) . Social
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           31. ^ "Harvard Law School Celebrates Record-setting Capital Campaign" (http://www.law.harvard.edu/news/2008
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               /10/23_campaign.html. Retrieved January 5, 2009. "Harvard Law School's "Setting the Standard" campaign has
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               /higher/articles/2009/01/04/shes_thawed_harvard_law/) . Boston Globe. http://www.boston.com/news/education
               /higher/articles/2009/01/04/shes_thawed_harvard_law/. Retrieved May 10, 2010.
           33. ^ "The Harvard Law Record – Lessig rejoining faculty" (http://www.hlrecord.org/2.4463/lessig-rejoining-faculty-
               1.577371) . Hlrecord.org. http://www.hlrecord.org/2.4463/lessig-rejoining-faculty-1.577371. Retrieved May 13,
               2010.
           34. ^ Washburn, Kevin K. (July 26, 2010). "Elena Kagan and the Miracle at Harvard" (http://ssrn.com
               /abstract=1631496) . University of New Mexico School of Law Legal Studies Research Paper Series. SSRN.
               http://ssrn.com/abstract=1631496. Retrieved November 13, 2011.
           35. ^ Matthews, Dylan (May 5, 2009). "A More Gay Friendly Supreme Court" (http://www.campusprogress.org
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               /3984/a-more-gay-friendly-supreme-court. Retrieved April 16, 2010.
           36. ^ Totenberg, Nina (December 22, 2009). "Solicitor General Kagan Holds Views Close To Her Chest"
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           37. ^ Goldstein, Amy (April 18, 2010). "Foes may target Kagan's stance on military recruitment at Harvard"
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               http://www.usatoday.com/news/washington/judicial/2010-04-26-kagan_N.htm. Retrieved May 10, 2010.
           39. ^ "CNN.com: More Obama Justice Dept Picks Announced" (http://politicalticker.blogs.cnn.com/2009/01/05/more-



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                 obama-justice-dept-picks-announced/) . Politicalticker.blogs.cnn.com. January 5, 2009.
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                 at-liberty.org/2010/05/10/initial-kagan-critiques-miss-the-first-amendment-point/) . Cato Institute. http://www.cato-
                 at-liberty.org/2010/05/10/initial-kagan-critiques-miss-the-first-amendment-point/.
           47.   ^ Lee, Carol E. (May 12, 2010). "Gay rights central to Elena Kagan fight" (http://www.politico.com/news/stories
                 /0510/37110.html) . Politico. http://www.politico.com/news/stories/0510/37110.html.
           48.   ^ "As Harvard Seeks a President, Dean Kagan's Star Is Rising – March 10, 2006 – The New York Sun"
                 (http://www.nysun.com/article/28925?page_no=4) . Nysun.com. March 10, 2006. http://www.nysun.com/article
                 /28925?page_no=4. Retrieved May 8, 2009.
           49.   ^ McGough, Michael (August 9, 2004). "Campaign 2004: Election likely to alter make-up of Supreme Court"
                 (http://www.post-gazette.com/pg/04222/358873.stm) . Post-gazette.com. http://www.post-gazette.com/pg/04222
                 /358873.stm. Retrieved May 8, 2009.
           50.   ^ "The Democratic (Not So) Short List" (http://web.archive.org/web/20071212003603/http://www.scotusblog.com
                 /wp/uncategorized/the-democratic-not-so-short-list) . SCOTUSblog. July 12, 2007. Archived from the original
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                 http://web.archive.org/web/20071212003603/http://www.scotusblog.com/wp/uncategorized/the-democratic-not-so-
                 short-list. Retrieved May 8, 2009.
           51.   ^ "Follow-Up to the Democratic (Not So) Short List" (http://web.archive.org/web/20071212003551/http:
                 //www.scotusblog.com/wp/commentary-and-analysis/follow-up-to-the-democratic-not-so-short-list) . SCOTUSblog.
                 Archived from the original (http://www.scotusblog.com/wp/commentary-and-analysis/follow-up-to-the-democratic-
                 not-so-short-list) on December 12, 2007. http://web.archive.org/web/20071212003551/http://www.scotusblog.com
                 /wp/commentary-and-analysis/follow-up-to-the-democratic-not-so-short-list. Retrieved May 8, 2009.
           52.   ^ "Dems sketch Obama staff, Cabinet – Mike Allen" (http://www.politico.com/news/stories
                 /1008/15142_Page3.html) . Politico.com. http://www.politico.com/news/stories/1008/15142_Page3.html. Retrieved
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           53.   ^ Souter, David H. (May 1, 2009). "David H. Souter Letter to President Obama, May 1, 2009"
                 (http://graphics8.nytimes.com/packages/pdf/politics/20090501_Souter.pdf) . New York Times.
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           54.   ^ "AP source: Obama has more than 6 people for court" (http://hosted.ap.org/dynamic/stories
                 /U/US_OBAMA_SUPREME_COURT?SITE=CARIE&SECTION=HOME&TEMPLATE=DEFAULT) .
                 http://hosted.ap.org/dynamic/stories/U/US_OBAMA_SUPREME_COURT?SITE=CARIE&SECTION=HOME&
                 TEMPLATE=DEFAULT. Retrieved May 13, 2009.
           55.   ^ Totenberg, Nina (April 30, 2009). "Supreme Court Justice Souter to Retire" (http://www.npr.org/templates/story



9 of 13                                                                                                                     12/23/2011 8:15 PM
Elena Kagan - Wikipedia, the free encyclopedia                                                         http://en.wikipedia.org/wiki/Elena_Kagan


                 /story.php?storyId=103694193) . NPR. http://www.npr.org/templates/story/story.php?storyId=103694193. Retrieved
                 April 30, 2009.
           56.   ^ "Justice Stevens Says He Is Retiring This Summer" (http://www.nytimes.com/aponline/us/AP-US-SupremeCourt-
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                 Stev.html. Retrieved April 9, 2010.
           57.   ^ Rothstein, Betsy (May 10, 2010) NBC Breaks Kagan News When Toobin Could Have Called
                 (http://www.mediabistro.com/fishbowlDC/news_notes
                 /nbc_breaks_kagan_news_when_toobin_could_have_called__160980.asp) , Mediabistro.com
           58.   ^ Fresh Dialogues Interview Series with Alison van Diggelen (https://www.youtube.com/watch?v=VLhBFwMRRxc)
                 on YouTube, April 9, 2010.
           59.   ^ Glenn Greenwald (April 13, 2010) The case against Elena Kagan (http://www.salon.com/news/opinion
                 /glenn_greenwald/2010/04/13/kagan) , Salon.com
           60.   ^ Possible Candidates (http://www.nytimes.com/interactive/2010/04/09/us/politics/20100409-stevens-
                 candidates.html) , New York Times (April 9, 2010)
           61.   ^ Glenn Greenwald, Justice Stevens' retirement and Elena Kagan (http://www.salon.com/news/opinion
                 /glenn_greenwald/2010/04/09/stevens) , Salon.com (April 9, 2010)
           62.   ^ Goldstein, Amy (June 15, 2010). "69 law school deans endorse Kagan in letter to Senate"
                 (http://www.washingtonpost.com/wp-dyn/content/article/2010/06/15/AR2010061503678.html?hpid=topnews) . The
                 Washington Post. http://www.washingtonpost.com/wp-dyn/content/article/2010/06
                 /15/AR2010061503678.html?hpid=topnews. Retrieved July 1, 2010.
           63.   ^ "Elena Kagan's law review article said Supreme Court nominees should be forthcoming"
                 (http://www.politifact.com/truth-o-meter/statements/2010/jun/29/elena-kagan/elena-kagan-law-review-article-
                 said-supreme-court) . PolitiFact. http://www.politifact.com/truth-o-meter/statements/2010/jun/29/elena-kagan/elena-
                 kagan-law-review-article-said-supreme-court. Retrieved May 4, 2011.
           64.   ^ Time. June 30, 2010. http://swampland.blogs.time.com/2010/06/30/kagens-haven/.
           65.   ^ Arce, Dwyer (August 5, 2010). "Senate votes to confirm Kagan to Supreme Court" (http://jurist.org/paperchase
                 /2010/08/senate-votes-to-confirm-kagan-to-supreme-court.php) . JURIST. http://jurist.org/paperchase/2010/08
                 /senate-votes-to-confirm-kagan-to-supreme-court.php. Retrieved December 15, 2010.
           66.   ^ Mark Arsenault (Audust 5, 2010). "Senate confirms Kagan as 112th justice to Supreme Court"
                 (http://www.boston.com/news/politics/politicalintelligence/2010/08/senate_confirms_1.html) . The Boston Globe.
                 http://www.boston.com/news/politics/politicalintelligence/2010/08/senate_confirms_1.html. Retrieved August 5,
                 2010.
           67.   ^ Baker, Peter (May 2, 2010). "Obama Is Said to Choose Elena Kagan for the Supreme Court"
                 (http://www.nytimes.com/2010/05/10/us/politics/10court.html) . New York Times. http://www.nytimes.com/2010/05
                 /10/us/politics/10court.html. Retrieved May 11, 2010.
           68.   ^ "Obama picks Kagan for Supreme Court – Supreme Court" (http://www.msnbc.msn.com/id/36967616/ns/politics-
                 supreme_court/) . Associated Press. MSNBC. May 11, 2010. http://www.msnbc.msn.com/id/36967616/ns/politics-
                 supreme_court/. Retrieved May 11, 2010.
           69.   ^ "Supreme Court: Justices Without Prior Judicial Experience" (http://supreme.lp.findlaw.com/supreme_court
                 /justices/nopriorexp.html) . FindLaw.com. http://supreme.lp.findlaw.com/supreme_court/justices/nopriorexp.html.
                 Retrieved May 11, 2010.
           70.   ^ Scherer, Michael (May 10, 2010). "Court Nominee Elena Kagan: Let the Scrutiny Start" (http://www.time.com
                 /time/politics/article/0,8599,1988179,00.html) . Time Magazine. http://www.time.com/time/politics/article
                 /0,8599,1988179,00.html. Retrieved October 3, 2010.
           71.   ^ Bravin, Jess (January 11, 2011). "Justice Kagan Pens First Opinion, an 8–1 Win for Credit Card Companies"
                 (http://blogs.wsj.com/law/2011/01/11/justice-kagan-pens-first-opinion-an-8-1-win-for-credit-card-companies/) . The
                 Wall Street Journal. http://blogs.wsj.com/law/2011/01/11/justice-kagan-pens-first-opinion-an-8-1-win-for-credit-
                 card-companies/. Retrieved January 18, 2011.
           72.   ^ "09-907 Ransom v. FIA Card Services (01/11/2011)" (http://www.supremecourt.gov/opinions/10pdf/09-907.pdf)
                 (PDF). http://www.supremecourt.gov/opinions/10pdf/09-907.pdf. Retrieved May 4, 2011.
           73.   ^ Rosen, Jeffrey. "Strong Opinions - This year’s biggest surprise at the Supreme Court: Elena Kagan’s prose."
                 (http://www.tnr.com/article/politics/magazine/92773/elena-kagan-
                 writings?passthru=NzIyOTJkMDljOGY1ZWRhNmJlNDU3YmQyYTMxYzI5MzM) . The New Republic.
                 http://www.tnr.com/article/politics/magazine/92773/elena-kagan-
                 writings?passthru=NzIyOTJkMDljOGY1ZWRhNmJlNDU3YmQyYTMxYzI5MzM. Retrieved 3 August 2011.



10 of 13                                                                                                                   12/23/2011 8:15 PM
Elena Kagan - Wikipedia, the free encyclopedia                                                   http://en.wikipedia.org/wiki/Elena_Kagan




                    Potier, Beth (September 16, 2004). "Big plans highlight Elena Kagan's 2L; HLS dean looks forward to
                    a busy year" (http://www.news.harvard.edu/gazette/2004/09.16/03-kagan.html) . Harvard Gazette
                    (Harvard News Office). http://www.news.harvard.edu/gazette/2004/09.16/03-kagan.html. Retrieved
                    January 5, 2009.
                    Levine, Adina (September 30, 2004). "Kagan declares state of the law school is "very strong"; Plans
                    more construction, reassessment of curriculum, and enlargement of faculty" (http://www.hlrecord.org
                    /media/paper609/news/2004/09/30/News/Kagan.Declares.State.Of.The.Law.School.Is.very.Strong-
                    739674.shtml?norewrite&sourcedomain=www.hlrecord.org&page=3) . Harvard Law Record
                    (Harvard Law School Record Corporation). ISSN 0017-8101 (http://www.worldcat.org
                    /issn/0017-8101) . http://www.hlrecord.org/media/paper609/news/2004/09/30
                    /News/Kagan.Declares.State.Of.The.Law.School.Is.very.Strong-
                    739674.shtml?norewrite&sourcedomain=www.hlrecord.org&page=3. Retrieved January 5, 2009.
                    "No Excuse Not to Work Out: Hemenway Opens" (http://www.hlrecord.org/media/paper609
                    /news/2005/09/29/News/No.Excuse.Not.To.Work.Out.Hemenway.Opens-
                    1005413.shtml?norewrite&sourcedomain=www.hlrecord.org) . Harvard Law Record (Harvard Law
                    School Record Corporation). September 29, 2005. ISSN 0017-8101 (http://www.worldcat.org
                    /issn/0017-8101) . http://www.hlrecord.org/media/paper609/news/2005/09/29
                    /News/No.Excuse.Not.To.Work.Out.Hemenway.Opens-
                    1005413.shtml?norewrite&sourcedomain=www.hlrecord.org. Retrieved January 5, 2009.
                    Brown, Kelly Lynn (September 30, 2004). "Editorial: Dean Kagan off to a promising start"
                    (http://www.hlrecord.org/media/paper609/news/2004/09/30/Opinion
                    /Editorial.Dean.Kagan.Off.To.A.Promising.Start-
                    739681.shtml?norewrite&sourcedomain=www.hlrecord.org) . Harvard Law Record (Harvard Law
                    School Record Corporation). ISSN 0017-8101 (http://www.worldcat.org/issn/0017-8101) .
                    http://www.hlrecord.org/media/paper609/news/2004/09/30/Opinion
                    /Editorial.Dean.Kagan.Off.To.A.Promising.Start-
                    739681.shtml?norewrite&sourcedomain=www.hlrecord.org. Retrieved January 5, 2009.
                    Gerstein, Josh (March 10, 2006). "As Harvard Seeks a President, Dean Kagan's Star Is Rising"
                    (http://www.nysun.com/article/28925?page_no=1) . New York Sun. http://www.nysun.com/article
                    /28925?page_no=1. Retrieved January 5, 2009. "Ms. Kagan, 45, is credited with overseeing a
                    renaissance at the law school during her nearly three years as dean, and many of her fans believe she
                    could achieve the same for the entire university if given the chance."
                    Bennett, Drake (October 19, 2008). "Crimson tide – Harvard Law School, long fractious and
                    underachieving, is on the rise again – and shaking up the American legal world"
                    (http://www.boston.com/bostonglobe/ideas/articles/2008/10/19/crimson_tide/) . Boston Globe.
                    http://www.boston.com/bostonglobe/ideas/articles/2008/10/19/crimson_tide/. Retrieved January 5,
                    2009. "[T]here is near unanimity that the school's dean, Elena Kagan, a scholar of administrative law
                    and a former Clinton administration official, has galvanized the place with her ambition and adroit
                    management style, knitting together the faculty, charming the students, and attracting top-flight talent
                    to the school."
                    Leonard, Tom (April 24, 2009). "Barack Obama administration seeks to change police questioning
                    law" (http://www.telegraph.co.uk/news/worldnews/northamerica/usa/barackobama/5214985/Barack-
                    Obama-administration-seeks-to-change-police-questioning-law.html) . The Daily Telegraph (UK).
                    http://www.telegraph.co.uk/news/worldnews/northamerica/usa/barackobama/5214985/Barack-
                    Obama-administration-seeks-to-change-police-questioning-law.html. Retrieved April 24, 2009. "The
                    Justice Department, in a brief signed by Elena Kagan, the solicitor general, said the 1986 decision
                    "serves no real purpose" and offers only "meagre benefits"."
                    Lichtblau, Eric (2009-05-15) Potential Justice's Appeal May Be Too Bipartisan
                    (http://www.nytimes.com/2009/05/17/us/17kagan.html?_r=1) , New York Times


11 of 13                                                                                                             12/23/2011 8:15 PM
Elena Kagan - Wikipedia, the free encyclopedia                                                         http://en.wikipedia.org/wiki/Elena_Kagan


                     van Diggelen, Alison (April 10, 2010). "Jeffrey Toobin says Elena Kagan Likely Supreme Court
                     Justice" (http://www.huffingtonpost.com/alison-van-diggelen/jeffrey-toobin-
                     says-elena_b_532838.html) . Huffington Post (USA). http://www.huffingtonpost.com/alison-
                     van-diggelen/jeffrey-toobin-says-elena_b_532838.html. Retrieved April 10, 2010. ""She's very much
                     an Obama type person, a moderate Democrat, a consensus builder ...""
                     Greenwald, Glenn (2010-04-13) The case against Elena Kagan (http://www.salon.com/news/opinion
                     /glenn_greenwald/2010/04/13/kagan) , Salon.com
                     The Progressive Case For Elena Kagan (http://thinkprogress.org/2010/05/10/kagan-nomination/)
                     Thinkprogress.com (2010-05-10)




                     Supreme Court (http://www.supremecourt.gov/) official site with biographies
                     (http://www.supremecourt.gov/about/biographies.aspx)
                     Profile (http://www.fjc.gov/servlet/nGetInfo?jid=3289) at the Biographical Directory of Federal
                     Judges, a public domain publication of the Federal Judicial Center
                     Legal resources (http://www.loc.gov/law/find/kagan.php) at the Law Library of Congress
                     Biography and writings (http://www.law.cornell.edu/supct/justices/kagan.bio.html) at the Legal
                     Information Institute
                     Profile (http://www.oyez.org/justices/elena_kagan) at the Oyez Project
                     Profile (http://judgepedia.org/index.php/Elena_Kagan) at Judgepedia
                     Profile (http://www.whorunsgov.com/Profiles/Elena_Kagan) at WhoRunsGov.com at The Washington
                     Post
                     Appearances (http://www.c-spanvideo.org/elenakagan) on C-SPAN
                     Profile (http://www.imdb.com/name/nm4309964) at the Internet Movie Database
                     Collected news and commentary (http://topics.nytimes.com/top/reference/timestopics/people
                     /k/elena_kagan) at The New York Times
                     Works by or about Elena Kagan (http://www.worldcat.org/identities/lccn-no95-27810) in libraries
                     (WorldCat catalog)
                     Profile (http://www.nndb.com/people/295/000167791) at Notable Names Database
                     Elena Kagan Through the Years (http://abcnews.go.com/Politics/Supreme_Court/slideshow/supreme-
                     court-nominee-elena-kagan-years-10605975) – slideshow by ABC News


                                                                Academic offices
                     Preceded by                        Dean of Harvard Law School                        Succeeded by
                    Robert Clark                                 2003–2009                               Martha Minow
                                                                   Legal offices
                    Preceded by                     Solicitor General of the United States                 Succeeded by
                  Edwin Kneedler                                  2009–2010                                Neal Katyal
                          Acting                                                                               Acting
                                                  Associate Justice of the Supreme Court of
                    Preceded by
                                                              the United States                             Incumbent
                 John Paul Stevens
                                                                 2010–present
                                                     United States order of precedence
                    Preceded by                                                                           Succeeded by
                  Sonia Sotomayor                 Order of Precedence of the United States         Retired Chief Justices of the
            as Associate Justice of the Supreme        as Associate Justice of the Supreme Court         Supreme Court
                           Court                                                                             None living




12 of 13                                                                                                                   12/23/2011 8:15 PM
Elena Kagan - Wikipedia, the free encyclopedia                                               http://en.wikipedia.org/wiki/Elena_Kagan



                                                                                               Succeeded by
                                                                                        Otherwise John Paul Stevens
                                                                                          as Retired Associate Justice of the
                                                                                                   Supreme Court

           Retrieved from "http://en.wikipedia.org/w/index.php?title=Elena_Kagan&oldid=466745160"
           Categories:       1960 births Living people Alumni of Worcester College, Oxford
            American female lawyers American women judges American Jews Clinton Administration personnel
            Deans of Harvard Law School Harvard Law School alumni Harvard Law School faculty
            Hunter College High School alumni Law clerks of the Supreme Court of the United States
            New York lawyers Nominations to the United States Supreme Court Obama Administration personnel
            People from New York City Princeton University alumni
            United States federal judges appointed by Barack Obama United States Solicitors General
            United States Supreme Court justices University of Chicago faculty


                This page was last modified on 19 December 2011 at 20:39.
                Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may
                apply. See Terms of use for details.
                Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization.




13 of 13                                                                                                            12/23/2011 8:15 PM

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JUSTICE ELENA KAGAN (Wikipedia Info)

  • 1. Elena Kagan - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Elena_Kagan From Wikipedia, the free encyclopedia Elena Kagan (pronounced /ˈkeɪɡən/; born April 28, 1960)[3] is an Associate Justice of the Supreme Court of the United Elena Kagan States, serving since August 7, 2010. Kagan is the Court's 112th justice and fourth female justice. Kagan was born and raised in New York City. After attending Princeton, Oxford, and Harvard Law School, she completed federal Court of Appeals and Supreme Court clerkships. She began her career as a professor at the University of Chicago Law School, leaving to serve as Associate White House Counsel, and later as policy adviser, under President Clinton. After a nomination to the United States Court of Appeals for the D.C. Circuit, which expired without action, she became a professor at Harvard Law School and was later named its first female dean. President Obama appointed her Solicitor General on January 26, 2009. On May 10, 2010, Obama nominated her to the Associate Justice of the Supreme Court of the Supreme Court to fill the vacancy from the impending United States retirement of Justice John Paul Stevens. After Senate Incumbent confirmation, Kagan was sworn in on August 7, 2010, by Assumed office Chief Justice John G. Roberts. Kagan's formal investiture August 7, 2010 ceremony before a special sitting of the United States Supreme Court took place on October 1, 2010.[4] Nominated by Barack Obama Preceded by John Paul Stevens 45th Solicitor General of the United States In office March 19, 2009 – May 17, 2010[1] 1 Personal life and education President Barack Obama 2 Early legal and academic career Deputy Neal Katyal 3 White House and judicial nomination 4 Return to academia Preceded by Edwin Kneedler (Acting) 5 Solicitor General Succeeded by Neal Katyal (Acting) 6 Supreme Court 7 See also 11th Dean of Harvard Law School 8 References In office 9 Further reading July 1, 2003 – March 19, 2009 10 External links Preceded by Robert Clark Succeeded by Martha Minow Personal details Born April 28, 1960 Kagan was born in New York City, the middle of three New York City, New York, U.S. children, on the city's Upper West Side. Her mother, Gloria Gittelman Kagan, taught fifth and sixth grade at Hunter 1 of 13 12/23/2011 8:15 PM
  • 2. Elena Kagan - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Elena_Kagan College Elementary School, and her father, Robert Kagan, Alma mater Princeton University was an attorney.[5][6] Kagan's two brothers are public school Worcester College, Oxford teachers.[7] Harvard Law School Kagan and her family lived in a third-floor apartment at West Religion Conservative Judaism[2] End Avenue and 75th Street[8] and attended Lincoln Square Synagogue.[9] Kagan was independent and strong-willed in her youth and, according to a former law partner, clashed with her Orthodox rabbi over aspects of her bat mitzvah.[8] "She had strong opinions about what a bat mitzvah should be like, which didn't parallel the wishes of the rabbi," said her former colleague. "But they finally worked it out. She negotiated with the rabbi and came to a conclusion that satisfied everybody." Kagan's rabbi, Shlomo Riskin, had never performed a ritual bat mitzvah before.[9] "Elena Kagan felt very strongly that there should be ritual bat mitzvah in the synagogue, no less important than the ritual bar mitzvah. This was really the first formal bat mitzvah we had," said Riskin. Kagan asked to read from the Torah on a Saturday morning but ultimately read on a Friday night, May 18, 1973, from the Book of Ruth.[9] Today, she identifies with Conservative Judaism.[9] Childhood friend Margaret Raymond recalled that Kagan was a teenage smoker but not a partier. On Saturday nights, she and Kagan "were more apt to sit on the steps of the Metropolitan Museum of Art and talk."[8] Kagan also loved literature and re-read Jane Austen's Pride and Prejudice every year.[8] In her Hunter College High School yearbook of 1977, Kagan was pictured in a judge's robe and holding a gavel.[10] Next to her photo was a quote from former Supreme Court Justice Felix Frankfurter: "Government is itself an art, one of the subtlest of arts."[11] After graduating from high school, Kagan attended Princeton University, where she earned an A.B., summa cum laude in history in 1981. Among the subjects she studied was the socialist movement in New York City in the early 20th century. She wrote a senior thesis under historian Sean Wilentz titled "To the Final Conflict: Socialism in New York City, 1900–1933". In it she wrote, "Through its own internal feuding, then, the SP exhausted itself forever. The story is a sad but also a chastening one for those who, more than half a century after socialism's decline, still wish to change America."[12] Wilentz insists that she did not mean to defend socialism, noting that, "She was interested in it. To study something is not to endorse it."[13] Wilentz called Kagan "one of the foremost legal minds in the country, she is still the witty, engaging, down-to-earth person I proudly remember from her undergraduate days."[14] As an undergraduate, Kagan also served as editorial chair of the Daily Princetonian. Along with eight other students (including Eliot Spitzer, who was student body president at the time), Kagan penned the Declaration of the Campaign for a Democratic University, which called for "a fundamental restructuring of university governance" and condemned Princeton's administration for making decisions "behind closed doors".[15] She received Princeton's Daniel M. Sachs Class of 1960 Graduating Scholarship, one of the highest general awards conferred by the university, which enabled her to study at Worcester College, Oxford. She earned a Master of Philosophy at Oxford in 1983.[16] She received a Juris Doctor, magna cum laude, at Harvard Law School in 1986, where she was supervisory editor of the Harvard Law Review. Friend Jeffrey Toobin recalled Kagan "stood out from the start as one with a formidable mind. She's good with people. At the time, the law school was a politically charged and divided place. She navigated the factions with Kagan graduates from Harvard Law ease, and won the respect of everyone."[17] School in 1986. 2 of 13 12/23/2011 8:15 PM
  • 3. Elena Kagan - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Elena_Kagan Kagan has never married and has no children.[18] Kagan was a law clerk for Judge Abner J. Mikva of the United States Court of Appeals for the District of Columbia Circuit in 1987 and for Justice Thurgood Marshall of the U.S. Supreme Court in 1988. Marshall nicknamed the 5 foot 3 inch Kagan "Shorty".[8] She later entered private practice as an associate at the Washington, D.C., law firm of Williams & Connolly.[3] Kagan joined the faculty of the University of Chicago Law School as an assistant professor in 1991 and became a tenured professor of law in 1995.[19] While at the University of Chicago, she published a law review article on the regulation of First Amendment hate speech in the wake of the Supreme Court's ruling in R.A.V. v. City of St. Paul; an article discussing the significance of governmental motive in regulating speech; and a review of a book by Stephen L. Carter discussing the judicial confirmation process. According to her colleagues, Kagan's students complimented and admired her from the beginning, and she was granted tenure "despite the reservations of some colleagues who thought she had not published enough."[20] In a 1996 White House document, Kagan grouped the National Rifle Association together with the Ku Klux Klan as "bad guy" organizations.[21] In 1996 she wrote an article in the University of Chicago Law Review entitled, "Private Speech, Public Purpose: The Role of Governmental Motive in First Amendment Doctrine." Kagan argued that the Supreme Court should examine governmental motives when deciding First Amendment cases.[22] She analyzed historic draft-card burning and flag burning cases in light of free speech arguments.[23] While serving as an adviser in the White House domestic policy office, Kagan co-authored a May 13, 1997, memo to President Bill Clinton urging him to support a ban on late-term abortions: "We recommend that you endorse the Daschle amendment in order to sustain your credibility on HR 1122 and prevent Congress from overriding your veto."[24] On June 17, 1999, Clinton nominated Kagan to the U.S. Court of Appeals for the District of Columbia Circuit, to replace James L. Buckley, who had taken senior status in 1996. The Senate Judiciary Committee's Republican Chairman Orrin Hatch scheduled no hearing, effectively ending her nomination. When Clinton's term ended, her nomination to the D.C. Circuit Court lapsed, as did the nomination of fellow Clinton nominee Allen Snyder.[25] After her service in the White House and her lapsed judicial nomination, Kagan returned to academia in 1999. She initially sought to return to the University of Chicago Law School, but having given up her tenured position as a result of her extended stint in the Clinton Administration, she needed to be rehired and the school chose not to do so, reportedly because of doubts as to her commitment to academia.[26] Kagan quickly found a position as a visiting professor at Harvard Law School. While at Harvard, she authored a law review article on United States administrative law, including the role of aiding the President of the United States in formulating and influencing federal administrative and regulatory law, which was honored as the year's top scholarly article by the American 3 of 13 12/23/2011 8:15 PM
  • 4. Elena Kagan - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Elena_Kagan Bar Association's Section on Administrative Law and Regulatory Practice, and is being developed into a book to be published by Harvard University Press.[citation needed] In 2001, she was named a full professor and in 2003 was named Dean of the Law School by Harvard University President Lawrence Summers.[27] She succeeded Robert C. Clark, who had served as dean for over a decade. The focus of her tenure was on improving student satisfaction. Efforts included constructing new facilities and reforming the first-year curriculum as well as aesthetic changes and creature comforts, such as free morning coffee. She has been credited for employing a consensus- building leadership style, which surmounted the school's previous Kagan as Dean of Harvard Law School ideological discord.[28][29][30] In her capacity as dean, Kagan inherited a $400 million capital campaign, "Setting the Standard", in 2003. It ended in 2008 with a record breaking $476 million raised, 19% more than the original goal.[31] Kagan made a number of prominent new hires, increasing the size of the faculty considerably. Her coups included hiring legal scholar Cass Sunstein away from the University of Chicago[32] and Lawrence Lessig away from Stanford.[33] She also broke a logjam on conservative hires by bringing in scholars such as Jack Goldsmith, who had been serving in the Bush administration.[29] According to Kevin Washburn, dean of the University of New Mexico School of Law, Kagan transformed Harvard Law School from a harsh environment for students to one that was much more student-centric.[34] Kagan's official portrait as Dean of Harvard Law School During her deanship, Kagan upheld a decades old policy barring military recruiters from the Office of Career Services because she felt that the military's "Don't Ask, Don't Tell" policy discriminated against gays and lesbians. According to Campus Progress, As dean, Kagan supported a lawsuit intended to overturn the Solomon Amendment so military recruiters might be banned from the grounds of schools like Harvard. When a federal appeals court ruled the The Pentagon could not withhold funds, she banned the military from Harvard's campus once again. The case was challenged in the Supreme Court, which ruled the military could indeed require schools to allow recruiters if they wanted to receive federal money. Kagan, though she allowed the military back, simultaneously urged students to demonstrate against Don't Ask, Don't Tell.[35][36] In October 2003, Kagan transmitted an e-mail to students and faculty deploring that military recruiters had shown up on campus in violation of the school's anti-discrimination policy. It read, "This action causes me deep distress. I abhor the military's discriminatory recruitment policy." She also wrote that it was "a profound wrong--a moral injustice of the first order."[37] From 2005 through 2008, Kagan was a member of the Research Advisory Council of the Goldman Sachs Global Markets Institute and received a $10,000 stipend for her service in 2008.[38] 4 of 13 12/23/2011 8:15 PM
  • 5. Elena Kagan - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Elena_Kagan On January 5, 2009, President-elect Barack Obama announced he would nominate Kagan to be Solicitor General.[39][40] Before this appointment she had never argued a case before any court.[41] At least two previous solicitors general, Robert Bork and Kenneth Starr, also had no previous Supreme Court appearances, though Starr was a judge on the United States Court of Appeals for the District of Columbia Circuit before becoming Solicitor General.[42] Kagan was confirmed by the U.S. Senate on March 19, 2009, by a vote of 61 to 31,[43] becoming the first woman to hold the position. She made her first appearance before the Supreme Court on September 9, 2009, in Citizens United v. Federal Election Commission.[44] The First Amendment Center and the Cato Institute later expressed concern over arguments Kagan advanced as a part of her role as Solicitor General. For example, during her time as Solicitor General, Kagan prepared a brief defending a law later ruled unconstitutional that criminalized depictions of animal cruelty.[45][46] During her confirmation hearing, she said that "there is no federal constitutional right to same-sex marriage." Also during her confirmation hearing, she was asked about the Defense of Marriage Act, pursuant to which states cannot recognize same-sex marriages originating in other states. Kagan indicated that she would defend the act if "there was any reasonable basis to do so."[47] Main article: Elena Kagan Supreme Court nomination 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.[48][49][50][51][52] This speculation increased after the retirement announcement of Associate Justice David H. Souter, effective at the start of the Court's summer 2009 recess.[53] Obama nominates Kagan. 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.[54] On May 26, 2009, however, Obama announced that he was nominating Sonia Sotomayor to the post.[55] 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.[56] In a Fresh Dialogues interview, Jeffrey Toobin, a Supreme Court analyst and Kagan's friend and law school classmate[57], 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."[58] This possibility has alarmed many liberals and progressives, Kagan meets with Obama in Oval who worried that "replacing Stevens with Kagan risks moving the Court Office, April 2010. to the right, perhaps substantially to the right."[59] While Kagan's name was mentioned as a possible replacement for Justice 5 of 13 12/23/2011 8:15 PM
  • 6. Elena Kagan - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Elena_Kagan Stevens, the New York Times noted that she "has supported assertions of executive power."[60] 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.[61] 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.[62] 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.[63] Kagan, noted Specter, was now practicing that very evasiveness.[64] On July 20, 2010, the Senate Judiciary Committee voted 13–6 to recommend Kagan's Kagan, Obama, and Roberts before her confirmation to the full Senate. On August 5 the full Senate confirmed investiture ceremony her nomination by a vote of 63–37.[65] 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.[4][66] Kagan is the first justice appointed without any prior experience as a judge since William Rehnquist in 1972.[67] [68][69] 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,[70] making three of the nine current justices Jewish. 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".[71][72] Legal analyst Jeffrey Rosen praised Kagan's "eloquent voice," which he characterized as unusual for a relative newcomer to the Court, and noted her "ability to puncture her colleagues’ bloodless abstractions and tendentious arguments, and to explain the constitutional stakes in plain language that all citizens can understand."[73] He said Kagan's writing was giving Justice Antonin Scalia "a run for his money." Barack Obama Supreme Court candidates Bill Clinton judicial appointment controversies Demographics of the Supreme Court of the United States List of law clerks of the Supreme Court of the United States 1. ^ Rajghatta, Chidanand (May 19, 2010). "PIO Neal Katyal poised to become US solicitor general" (http://timesofindia.indiatimes.com/world/indians-abroad/PIO-Neal-Katyal-poised-to-become-US-solicitor-general /articleshow/5946962.cms) . The Times of India. Times News Network. http://timesofindia.indiatimes.com/world 6 of 13 12/23/2011 8:15 PM
  • 7. Elena Kagan - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Elena_Kagan /indians-abroad/PIO-Neal-Katyal-poised-to-become-US-solicitor-general/articleshow/5946962.cms. Retrieved December 9, 2010. 2. ^ Foderaro, Lisa W. (May 12 2010). "Growing Up, Kagan Tested Boundaries of Her Faith" (http://www.nytimes.com/2010/05/13/nyregion/13synagogue.html?src=me) . The New York Times. http://www.nytimes.com/2010/05/13/nyregion/13synagogue.html?src=me. Retrieved May 13 2010. 3. ^ a b Who's Who In America (2008). "Elena Kagan – WhosWhoInAmerica.Com" (http://whoswhoinamerica.com /elena_kagan/dean_law_educator/occ10/7280125) . Marquis. http://whoswhoinamerica.com/elena_kagan /dean_law_educator/occ10/7280125. Retrieved January 3, 2009. 4. ^ a b Julie Hirschfeld Davis (Audust 5, 2010). "Senate Kagan sworn in as Supreme Court justice: She won't be formally installed as a justice until Oct. 1" (http://www.msnbc.msn.com/id/38591634) . Associated Press. http://www.msnbc.msn.com/id/38591634. Retrieved August 7, 2010. 5. ^ "Paid Notice: Deaths Kagan, Gloria Gittelman" (http://query.nytimes.com /gst/fullpage.html?res=9405EFDA173AF930A25754C0A96E9C8B63) . New York Times, July 13, 2008. 6. ^ "Robert Kagan, 67, Lawyer for Tenants" (http://www.nytimes.com/1994/07/25/obituaries/robert-kagan-67-lawyer- for-tenants.html?pagewanted=1) . New York Times, July 25, 1994. 7. ^ "Kagan's remarks on her Supreme Court nomination" (http://www.google.com/hostednews/ap/article /ALeqM5jkOwqHB5spD1MGzJHtTo5_3wnvjwD9FK2ESO0) . Associated Press, May 10, 2010. 8. ^ a b c d e "A Climb Marked by Confidence and Canniness" (http://www.nytimes.com/2010/05/10/us/politics /10kagan.html?pagewanted=all) . The New York Times. May 10, 2010. http://www.nytimes.com/2010/05/10/us /politics/10kagan.html?pagewanted=all. Retrieved May 15, 2010. 9. ^ a b c d "Growing Up, Kagan Tested Boundaries of Her Faith." (http://www.nytimes.com/2010/05/13/nyregion /13synagogue.html) The New York Times. May 12 2010. May 19 2010. 10. ^ "Pals from student days remember a determined Elena Kagan" (http://www.cnn.com/2010/POLITICS/05/10 /elena.kagan.early.years/) . CNN. May 11, 2010. http://www.cnn.com/2010/POLITICS/05/10 /elena.kagan.early.years/. Retrieved May 22, 2010. 11. ^ "Manhattan Renders Its Verdict on Court Pick" (http://law.fordham.edu/18062.htm) . Fordham Law Newsroom. May 11, 2010. http://law.fordham.edu/18062.htm. Retrieved June 10, 2011. 12. ^ Brad DeLong (May 17, 2010). "Elena Kagan's Undergraduate Thesis – Grasping Reality with Both Hands" (http://delong.typepad.com/sdj/2010/05/elena-kagans-undergraduate-thesis.html) . Delong.typepad.com. http://delong.typepad.com/sdj/2010/05/elena-kagans-undergraduate-thesis.html. Retrieved July 1, 2010. 13. ^ Seelye, Katharine Q; Lisa W. Foderaro and Sheryl Gay Stolberg (May 10, 2010). "A Climb Marked by Confidence and Canniness" (http://www.nytimes.com/2010/05/10/us/politics/10kagan.html) . The New York Times. http://www.nytimes.com/2010/05/10/us/politics/10kagan.html. Retrieved May 10, 2010. 14. ^ Cliatt, Cass (May 10, 2010). "Princeton alumna Kagan nominated to Supreme Court" (http://www.princeton.edu /main/news/archive/S27/34/66S12/index.xml?section=topstories) . Princeton University. http://www.princeton.edu /main/news/archive/S27/34/66S12/index.xml?section=topstories. Retrieved May 10, 2010. 15. ^ Romano, Andrew (May 19, 2010). "Elena Kagan: Cub Reporter" (http://www.newsweek.com/id/238200) . Newsweek. http://www.newsweek.com/id/238200. Retrieved May 19, 2010. 16. ^ "Kagan '81 nominated for U.S. solicitor general" (http://www.dailyprincetonian.com/2008/12/12/22450/) , Daily Princetonian, December 12, 2008. 17. ^ "Elena Kagan's Nomination" (http://www.newyorker.com/online/blogs/newsdesk/2010/05/elena-kagans- nomination.html) . The New Yorker. May 10, 2010. http://www.newyorker.com/online/blogs/newsdesk/2010/05 /elena-kagans-nomination.html. Retrieved May 15, 2010. 18. ^ "Kagan bucks 40-year trend as court pick" (http://www.reuters.com/article/idUSTRE64910220100510) , Reuters News, May 10 2010. 19. ^ Sweet, Lynn (November 20, 2007). "Elena Kagan played Chicago-style 16-inch softball at U of Chicago" (http://blogs.suntimes.com/sweet/2010/05/elena_kagan_at_bat_played_chic.html) . Chicago Sun Times Blogs. http://blogs.suntimes.com/sweet/2010/05/elena_kagan_at_bat_played_chic.html. Retrieved May 11, 2010. 20. ^ Seelye, Katharine Q; Lisa W. Foderaro and Sheryl Gay Stolberg (May 10, 2010). "A Climb Marked by Confidence and Canniness" (http://www.nytimes.com/2010/05/10/us/politics/10kagan.html?pagewanted=all) . The New York Times. http://www.nytimes.com/2010/05/10/us/politics/10kagan.html?pagewanted=all. Retrieved May 10, 2010. 21. ^ Mears, Bill (June 18, 2010). "Kagan notes label KKK and NRA as 'bad guy' organizations" (http://www.cnn.com /2010/POLITICS/06/18/kagan.memo/index.html) . CNN. http://www.cnn.com/2010/POLITICS/06/18/kagan.memo /index.html. 7 of 13 12/23/2011 8:15 PM
  • 8. Elena Kagan - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Elena_Kagan 22. ^ "Kagan Argued for Government 'Redistribution of Speech'" (http://cnsnews.com/news/article/65720) . CNSNews.com. http://cnsnews.com/news/article/65720. Retrieved May 13, 2010. 23. ^ http://www.scotusblog.com/wp-content/uploads/2010/03/Private-Speech-Public-Purpose.pdf 24. ^ Jill Zeman Bleed, Kagan in '97 urged Clinton to ban late abortions (http://www.msnbc.msn.com/id/37074480 /ns/politics-supreme_court/) , MSNBC (May 10, 2010). 25. ^ Savage, David G. (September 27, 2002). "Little Light Shed on Bush Judicial Pick" (http://articles.latimes.com /2002/sep/27/nation/na-estrada27) . Los Angeles Times: p. A-18. http://articles.latimes.com/2002/sep/27/nation /na-estrada27. 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." 26. ^ Sweet, Lynn (May 11, 2010). "Kagan's Chicago ties :: Chicago Sun-Times :: 44: Barack Obama" (http://www.suntimes.com/news/politics/obama/2258526,CST-NWS-kagan11.article) . Chicago Sun-Times. http://www.suntimes.com/news/politics/obama/2258526,CST-NWS-kagan11.article. Retrieved July 1, 2010. 27. ^ Berman, Russell (August 21, 2008). "Summers Manages Low Profile While Advising Senator Obama; Some Women Warn Democrat About Former Harvard President" (http://www.nysun.com/national/summers-manages- low-profile-while-advising/84343/) . New York Sun. http://www.nysun.com/national/summers-manages-low-profile- while-advising/84343/. Retrieved January 5, 2009. 28. ^ Saltzman, Jonathan; Jan, Tracy (April 15, 2010). "At Harvard, dean eased faculty strife – The Boston Globe" (http://www.boston.com/news/education/higher/articles/2010/05/11/at_harvard_dean_eased_faculty_strife/) . Boston Globe. http://www.boston.com/news/education/higher/articles/2010/05/11/at_harvard_dean_eased_faculty_strife/. Retrieved May 13, 2010. 29. ^ a b Woolhouse, Megan (January 4, 2009). "Kagan, possible Obama pick, thawed Harvard Law – The Boston Globe" (http://www.boston.com/news/education/higher/articles/2009/01/04/shes_thawed_harvard_law/) . Boston Globe. http://www.boston.com/news/education/higher/articles/2009/01/04/shes_thawed_harvard_law/. Retrieved May 13, 2010. 30. ^ "Elena Kagan and the Miracle at Harvard" (http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1631496) . Social Science Research Network. June 28, 2010. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1631496. Retrieved June 30, 2010. 31. ^ "Harvard Law School Celebrates Record-setting Capital Campaign" (http://www.law.harvard.edu/news/2008 /10/23_campaign.html) . Harvard Law School. October 2008. http://www.law.harvard.edu/news/2008 /10/23_campaign.html. 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." 32. ^ Woolhouse, Megan (January 4, 2009). "She's thawed Harvard Law" (http://www.boston.com/news/education /higher/articles/2009/01/04/shes_thawed_harvard_law/) . Boston Globe. http://www.boston.com/news/education /higher/articles/2009/01/04/shes_thawed_harvard_law/. Retrieved May 10, 2010. 33. ^ "The Harvard Law Record – Lessig rejoining faculty" (http://www.hlrecord.org/2.4463/lessig-rejoining-faculty- 1.577371) . Hlrecord.org. http://www.hlrecord.org/2.4463/lessig-rejoining-faculty-1.577371. Retrieved May 13, 2010. 34. ^ Washburn, Kevin K. (July 26, 2010). "Elena Kagan and the Miracle at Harvard" (http://ssrn.com /abstract=1631496) . University of New Mexico School of Law Legal Studies Research Paper Series. SSRN. http://ssrn.com/abstract=1631496. Retrieved November 13, 2011. 35. ^ Matthews, Dylan (May 5, 2009). "A More Gay Friendly Supreme Court" (http://www.campusprogress.org /opinions/3984/a-more-gay-friendly-supreme-court) . Campus Progress. http://www.campusprogress.org/opinions /3984/a-more-gay-friendly-supreme-court. Retrieved April 16, 2010. 36. ^ Totenberg, Nina (December 22, 2009). "Solicitor General Kagan Holds Views Close To Her Chest" (http://www.npr.org/templates/story/story.php?storyId=121712227) . NPR. http://www.npr.org/templates/story /story.php?storyId=121712227. Retrieved December 22, 2009. 37. ^ Goldstein, Amy (April 18, 2010). "Foes may target Kagan's stance on military recruitment at Harvard" (http://www.washingtonpost.com/wp-dyn/content/article/2010/04/17/AR2010041701296.html) . The Washington Post. http://www.washingtonpost.com/wp-dyn/content/article/2010/04/17/AR2010041701296.html. Retrieved May 1, 2010. 38. ^ Kelley, Matt (April 27, 2010). "Possible Supreme Court pick had ties with Goldman Sachs" (http://www.usatoday.com/news/washington/judicial/2010-04-26-kagan_N.htm) . USA Today. http://www.usatoday.com/news/washington/judicial/2010-04-26-kagan_N.htm. Retrieved May 10, 2010. 39. ^ "CNN.com: More Obama Justice Dept Picks Announced" (http://politicalticker.blogs.cnn.com/2009/01/05/more- 8 of 13 12/23/2011 8:15 PM
  • 9. Elena Kagan - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Elena_Kagan obama-justice-dept-picks-announced/) . Politicalticker.blogs.cnn.com. January 5, 2009. http://politicalticker.blogs.cnn.com/2009/01/05/more-obama-justice-dept-picks-announced/. Retrieved May 8, 2009. 40. ^ January 6, 2009 (January 6, 2009). "Obama names Jewish woman as solicitor general" (http://jta.org/news/article /2009/01/06/1002012/obama-names-jewish-woman-as-solicitor-general) . jta.org. http://jta.org/news/article/2009/01 /06/1002012/obama-names-jewish-woman-as-solicitor-general. Retrieved July 1, 2010. 41. ^ Totenberg, Nina (May 9, 2010), Seen As Rising Star, Kagan Has Limited Paper Trail (http://www.npr.org /templates/story/story.php?storyId=126611113) , NPR, http://www.npr.org/templates/story /story.php?storyId=126611113, retrieved August 5, 2010 42. ^ Healey, Jon (March 26, 2009). "Elena Kagan and the GOP's perilous partisanship – Los Angeles Times" (http://www.latimes.com/news/opinion/editorials/la-ed-solicitor26-2009mar26,0,1208587.story) . Los Angeles Times. http://www.latimes.com/news/opinion/editorials/la-ed-solicitor26-2009mar26,0,1208587.story. Retrieved May 8, 2009. 43. ^ "On the Nomination (Confirmation Elena Kagan, of Massachusetts, to be Solicitor General)" (http://senate.gov /legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=111&session=1&vote=00107) . United States Senate. March 19, 2009. http://senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=111& session=1&vote=00107. Retrieved March 19, 2009. 44. ^ Mauro, Tony (September 9, 2009). "Supreme Court Majority Critical of Campaign Law Precedents" (http://legaltimes.typepad.com/blt/2009/09/supreme-court-majority-critical-of-campaign-law-precedents.html) . The Blog of LegalTimes. http://legaltimes.typepad.com/blt/2009/09/supreme-court-majority-critical-of-campaign- law-precedents.html. Retrieved November 28, 2009. 45. ^ David L. Hudson, Jr. (May 10, 2010). "Kagan's First Amendment record causes concern" (http://www.firstamendmentcenter.org/commentary.aspx?id=22934) . First Amendment Center. http://www.firstamendmentcenter.org/commentary.aspx?id=22934. 46. ^ Ilya Shapiro (May 10, 2010). "Initial Kagan Critiques Miss the (First Amendment) Point" (http://www.cato- at-liberty.org/2010/05/10/initial-kagan-critiques-miss-the-first-amendment-point/) . Cato Institute. http://www.cato- at-liberty.org/2010/05/10/initial-kagan-critiques-miss-the-first-amendment-point/. 47. ^ Lee, Carol E. (May 12, 2010). "Gay rights central to Elena Kagan fight" (http://www.politico.com/news/stories /0510/37110.html) . Politico. http://www.politico.com/news/stories/0510/37110.html. 48. ^ "As Harvard Seeks a President, Dean Kagan's Star Is Rising – March 10, 2006 – The New York Sun" (http://www.nysun.com/article/28925?page_no=4) . Nysun.com. March 10, 2006. http://www.nysun.com/article /28925?page_no=4. Retrieved May 8, 2009. 49. ^ McGough, Michael (August 9, 2004). "Campaign 2004: Election likely to alter make-up of Supreme Court" (http://www.post-gazette.com/pg/04222/358873.stm) . Post-gazette.com. http://www.post-gazette.com/pg/04222 /358873.stm. Retrieved May 8, 2009. 50. ^ "The Democratic (Not So) Short List" (http://web.archive.org/web/20071212003603/http://www.scotusblog.com /wp/uncategorized/the-democratic-not-so-short-list) . SCOTUSblog. July 12, 2007. Archived from the original (http://www.scotusblog.com/wp/uncategorized/the-democratic-not-so-short-list) on December 12, 2007. http://web.archive.org/web/20071212003603/http://www.scotusblog.com/wp/uncategorized/the-democratic-not-so- short-list. Retrieved May 8, 2009. 51. ^ "Follow-Up to the Democratic (Not So) Short List" (http://web.archive.org/web/20071212003551/http: //www.scotusblog.com/wp/commentary-and-analysis/follow-up-to-the-democratic-not-so-short-list) . SCOTUSblog. Archived from the original (http://www.scotusblog.com/wp/commentary-and-analysis/follow-up-to-the-democratic- not-so-short-list) on December 12, 2007. http://web.archive.org/web/20071212003551/http://www.scotusblog.com /wp/commentary-and-analysis/follow-up-to-the-democratic-not-so-short-list. Retrieved May 8, 2009. 52. ^ "Dems sketch Obama staff, Cabinet – Mike Allen" (http://www.politico.com/news/stories /1008/15142_Page3.html) . Politico.com. http://www.politico.com/news/stories/1008/15142_Page3.html. Retrieved May 8, 2009. 53. ^ Souter, David H. (May 1, 2009). "David H. Souter Letter to President Obama, May 1, 2009" (http://graphics8.nytimes.com/packages/pdf/politics/20090501_Souter.pdf) . New York Times. http://graphics8.nytimes.com/packages/pdf/politics/20090501_Souter.pdf. 54. ^ "AP source: Obama has more than 6 people for court" (http://hosted.ap.org/dynamic/stories /U/US_OBAMA_SUPREME_COURT?SITE=CARIE&SECTION=HOME&TEMPLATE=DEFAULT) . http://hosted.ap.org/dynamic/stories/U/US_OBAMA_SUPREME_COURT?SITE=CARIE&SECTION=HOME& TEMPLATE=DEFAULT. Retrieved May 13, 2009. 55. ^ Totenberg, Nina (April 30, 2009). "Supreme Court Justice Souter to Retire" (http://www.npr.org/templates/story 9 of 13 12/23/2011 8:15 PM
  • 10. Elena Kagan - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Elena_Kagan /story.php?storyId=103694193) . NPR. http://www.npr.org/templates/story/story.php?storyId=103694193. Retrieved April 30, 2009. 56. ^ "Justice Stevens Says He Is Retiring This Summer" (http://www.nytimes.com/aponline/us/AP-US-SupremeCourt- Stev.html) . The New York Times. April 9, 2010. http://www.nytimes.com/aponline/us/AP-US-SupremeCourt- Stev.html. Retrieved April 9, 2010. 57. ^ Rothstein, Betsy (May 10, 2010) NBC Breaks Kagan News When Toobin Could Have Called (http://www.mediabistro.com/fishbowlDC/news_notes /nbc_breaks_kagan_news_when_toobin_could_have_called__160980.asp) , Mediabistro.com 58. ^ Fresh Dialogues Interview Series with Alison van Diggelen (https://www.youtube.com/watch?v=VLhBFwMRRxc) on YouTube, April 9, 2010. 59. ^ Glenn Greenwald (April 13, 2010) The case against Elena Kagan (http://www.salon.com/news/opinion /glenn_greenwald/2010/04/13/kagan) , Salon.com 60. ^ Possible Candidates (http://www.nytimes.com/interactive/2010/04/09/us/politics/20100409-stevens- candidates.html) , New York Times (April 9, 2010) 61. ^ Glenn Greenwald, Justice Stevens' retirement and Elena Kagan (http://www.salon.com/news/opinion /glenn_greenwald/2010/04/09/stevens) , Salon.com (April 9, 2010) 62. ^ Goldstein, Amy (June 15, 2010). "69 law school deans endorse Kagan in letter to Senate" (http://www.washingtonpost.com/wp-dyn/content/article/2010/06/15/AR2010061503678.html?hpid=topnews) . The Washington Post. http://www.washingtonpost.com/wp-dyn/content/article/2010/06 /15/AR2010061503678.html?hpid=topnews. Retrieved July 1, 2010. 63. ^ "Elena Kagan's law review article said Supreme Court nominees should be forthcoming" (http://www.politifact.com/truth-o-meter/statements/2010/jun/29/elena-kagan/elena-kagan-law-review-article- said-supreme-court) . PolitiFact. http://www.politifact.com/truth-o-meter/statements/2010/jun/29/elena-kagan/elena- kagan-law-review-article-said-supreme-court. Retrieved May 4, 2011. 64. ^ Time. June 30, 2010. http://swampland.blogs.time.com/2010/06/30/kagens-haven/. 65. ^ Arce, Dwyer (August 5, 2010). "Senate votes to confirm Kagan to Supreme Court" (http://jurist.org/paperchase /2010/08/senate-votes-to-confirm-kagan-to-supreme-court.php) . JURIST. http://jurist.org/paperchase/2010/08 /senate-votes-to-confirm-kagan-to-supreme-court.php. Retrieved December 15, 2010. 66. ^ Mark Arsenault (Audust 5, 2010). "Senate confirms Kagan as 112th justice to Supreme Court" (http://www.boston.com/news/politics/politicalintelligence/2010/08/senate_confirms_1.html) . The Boston Globe. http://www.boston.com/news/politics/politicalintelligence/2010/08/senate_confirms_1.html. Retrieved August 5, 2010. 67. ^ Baker, Peter (May 2, 2010). "Obama Is Said to Choose Elena Kagan for the Supreme Court" (http://www.nytimes.com/2010/05/10/us/politics/10court.html) . New York Times. http://www.nytimes.com/2010/05 /10/us/politics/10court.html. Retrieved May 11, 2010. 68. ^ "Obama picks Kagan for Supreme Court – Supreme Court" (http://www.msnbc.msn.com/id/36967616/ns/politics- supreme_court/) . Associated Press. MSNBC. May 11, 2010. http://www.msnbc.msn.com/id/36967616/ns/politics- supreme_court/. Retrieved May 11, 2010. 69. ^ "Supreme Court: Justices Without Prior Judicial Experience" (http://supreme.lp.findlaw.com/supreme_court /justices/nopriorexp.html) . FindLaw.com. http://supreme.lp.findlaw.com/supreme_court/justices/nopriorexp.html. Retrieved May 11, 2010. 70. ^ Scherer, Michael (May 10, 2010). "Court Nominee Elena Kagan: Let the Scrutiny Start" (http://www.time.com /time/politics/article/0,8599,1988179,00.html) . Time Magazine. http://www.time.com/time/politics/article /0,8599,1988179,00.html. Retrieved October 3, 2010. 71. ^ Bravin, Jess (January 11, 2011). "Justice Kagan Pens First Opinion, an 8–1 Win for Credit Card Companies" (http://blogs.wsj.com/law/2011/01/11/justice-kagan-pens-first-opinion-an-8-1-win-for-credit-card-companies/) . The Wall Street Journal. http://blogs.wsj.com/law/2011/01/11/justice-kagan-pens-first-opinion-an-8-1-win-for-credit- card-companies/. Retrieved January 18, 2011. 72. ^ "09-907 Ransom v. FIA Card Services (01/11/2011)" (http://www.supremecourt.gov/opinions/10pdf/09-907.pdf) (PDF). http://www.supremecourt.gov/opinions/10pdf/09-907.pdf. Retrieved May 4, 2011. 73. ^ Rosen, Jeffrey. "Strong Opinions - This year’s biggest surprise at the Supreme Court: Elena Kagan’s prose." (http://www.tnr.com/article/politics/magazine/92773/elena-kagan- writings?passthru=NzIyOTJkMDljOGY1ZWRhNmJlNDU3YmQyYTMxYzI5MzM) . The New Republic. http://www.tnr.com/article/politics/magazine/92773/elena-kagan- writings?passthru=NzIyOTJkMDljOGY1ZWRhNmJlNDU3YmQyYTMxYzI5MzM. Retrieved 3 August 2011. 10 of 13 12/23/2011 8:15 PM
  • 11. Elena Kagan - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Elena_Kagan Potier, Beth (September 16, 2004). "Big plans highlight Elena Kagan's 2L; HLS dean looks forward to a busy year" (http://www.news.harvard.edu/gazette/2004/09.16/03-kagan.html) . Harvard Gazette (Harvard News Office). http://www.news.harvard.edu/gazette/2004/09.16/03-kagan.html. Retrieved January 5, 2009. Levine, Adina (September 30, 2004). "Kagan declares state of the law school is "very strong"; Plans more construction, reassessment of curriculum, and enlargement of faculty" (http://www.hlrecord.org /media/paper609/news/2004/09/30/News/Kagan.Declares.State.Of.The.Law.School.Is.very.Strong- 739674.shtml?norewrite&sourcedomain=www.hlrecord.org&page=3) . Harvard Law Record (Harvard Law School Record Corporation). ISSN 0017-8101 (http://www.worldcat.org /issn/0017-8101) . http://www.hlrecord.org/media/paper609/news/2004/09/30 /News/Kagan.Declares.State.Of.The.Law.School.Is.very.Strong- 739674.shtml?norewrite&sourcedomain=www.hlrecord.org&page=3. Retrieved January 5, 2009. "No Excuse Not to Work Out: Hemenway Opens" (http://www.hlrecord.org/media/paper609 /news/2005/09/29/News/No.Excuse.Not.To.Work.Out.Hemenway.Opens- 1005413.shtml?norewrite&sourcedomain=www.hlrecord.org) . Harvard Law Record (Harvard Law School Record Corporation). September 29, 2005. ISSN 0017-8101 (http://www.worldcat.org /issn/0017-8101) . http://www.hlrecord.org/media/paper609/news/2005/09/29 /News/No.Excuse.Not.To.Work.Out.Hemenway.Opens- 1005413.shtml?norewrite&sourcedomain=www.hlrecord.org. Retrieved January 5, 2009. Brown, Kelly Lynn (September 30, 2004). "Editorial: Dean Kagan off to a promising start" (http://www.hlrecord.org/media/paper609/news/2004/09/30/Opinion /Editorial.Dean.Kagan.Off.To.A.Promising.Start- 739681.shtml?norewrite&sourcedomain=www.hlrecord.org) . Harvard Law Record (Harvard Law School Record Corporation). ISSN 0017-8101 (http://www.worldcat.org/issn/0017-8101) . http://www.hlrecord.org/media/paper609/news/2004/09/30/Opinion /Editorial.Dean.Kagan.Off.To.A.Promising.Start- 739681.shtml?norewrite&sourcedomain=www.hlrecord.org. Retrieved January 5, 2009. Gerstein, Josh (March 10, 2006). "As Harvard Seeks a President, Dean Kagan's Star Is Rising" (http://www.nysun.com/article/28925?page_no=1) . New York Sun. http://www.nysun.com/article /28925?page_no=1. Retrieved January 5, 2009. "Ms. Kagan, 45, is credited with overseeing a renaissance at the law school during her nearly three years as dean, and many of her fans believe she could achieve the same for the entire university if given the chance." Bennett, Drake (October 19, 2008). "Crimson tide – Harvard Law School, long fractious and underachieving, is on the rise again – and shaking up the American legal world" (http://www.boston.com/bostonglobe/ideas/articles/2008/10/19/crimson_tide/) . Boston Globe. http://www.boston.com/bostonglobe/ideas/articles/2008/10/19/crimson_tide/. Retrieved January 5, 2009. "[T]here is near unanimity that the school's dean, Elena Kagan, a scholar of administrative law and a former Clinton administration official, has galvanized the place with her ambition and adroit management style, knitting together the faculty, charming the students, and attracting top-flight talent to the school." Leonard, Tom (April 24, 2009). "Barack Obama administration seeks to change police questioning law" (http://www.telegraph.co.uk/news/worldnews/northamerica/usa/barackobama/5214985/Barack- Obama-administration-seeks-to-change-police-questioning-law.html) . The Daily Telegraph (UK). http://www.telegraph.co.uk/news/worldnews/northamerica/usa/barackobama/5214985/Barack- Obama-administration-seeks-to-change-police-questioning-law.html. Retrieved April 24, 2009. "The Justice Department, in a brief signed by Elena Kagan, the solicitor general, said the 1986 decision "serves no real purpose" and offers only "meagre benefits"." Lichtblau, Eric (2009-05-15) Potential Justice's Appeal May Be Too Bipartisan (http://www.nytimes.com/2009/05/17/us/17kagan.html?_r=1) , New York Times 11 of 13 12/23/2011 8:15 PM
  • 12. Elena Kagan - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Elena_Kagan van Diggelen, Alison (April 10, 2010). "Jeffrey Toobin says Elena Kagan Likely Supreme Court Justice" (http://www.huffingtonpost.com/alison-van-diggelen/jeffrey-toobin- says-elena_b_532838.html) . Huffington Post (USA). http://www.huffingtonpost.com/alison- van-diggelen/jeffrey-toobin-says-elena_b_532838.html. Retrieved April 10, 2010. ""She's very much an Obama type person, a moderate Democrat, a consensus builder ..."" Greenwald, Glenn (2010-04-13) The case against Elena Kagan (http://www.salon.com/news/opinion /glenn_greenwald/2010/04/13/kagan) , Salon.com The Progressive Case For Elena Kagan (http://thinkprogress.org/2010/05/10/kagan-nomination/) Thinkprogress.com (2010-05-10) Supreme Court (http://www.supremecourt.gov/) official site with biographies (http://www.supremecourt.gov/about/biographies.aspx) Profile (http://www.fjc.gov/servlet/nGetInfo?jid=3289) at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center Legal resources (http://www.loc.gov/law/find/kagan.php) at the Law Library of Congress Biography and writings (http://www.law.cornell.edu/supct/justices/kagan.bio.html) at the Legal Information Institute Profile (http://www.oyez.org/justices/elena_kagan) at the Oyez Project Profile (http://judgepedia.org/index.php/Elena_Kagan) at Judgepedia Profile (http://www.whorunsgov.com/Profiles/Elena_Kagan) at WhoRunsGov.com at The Washington Post Appearances (http://www.c-spanvideo.org/elenakagan) on C-SPAN Profile (http://www.imdb.com/name/nm4309964) at the Internet Movie Database Collected news and commentary (http://topics.nytimes.com/top/reference/timestopics/people /k/elena_kagan) at The New York Times Works by or about Elena Kagan (http://www.worldcat.org/identities/lccn-no95-27810) in libraries (WorldCat catalog) Profile (http://www.nndb.com/people/295/000167791) at Notable Names Database Elena Kagan Through the Years (http://abcnews.go.com/Politics/Supreme_Court/slideshow/supreme- court-nominee-elena-kagan-years-10605975) – slideshow by ABC News Academic offices Preceded by Dean of Harvard Law School Succeeded by Robert Clark 2003–2009 Martha Minow Legal offices Preceded by Solicitor General of the United States Succeeded by Edwin Kneedler 2009–2010 Neal Katyal Acting Acting Associate Justice of the Supreme Court of Preceded by the United States Incumbent John Paul Stevens 2010–present United States order of precedence Preceded by Succeeded by Sonia Sotomayor Order of Precedence of the United States Retired Chief Justices of the as Associate Justice of the Supreme as Associate Justice of the Supreme Court Supreme Court Court None living 12 of 13 12/23/2011 8:15 PM
  • 13. Elena Kagan - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Elena_Kagan Succeeded by Otherwise John Paul Stevens as Retired Associate Justice of the Supreme Court Retrieved from "http://en.wikipedia.org/w/index.php?title=Elena_Kagan&oldid=466745160" Categories: 1960 births Living people Alumni of Worcester College, Oxford American female lawyers American women judges American Jews Clinton Administration personnel Deans of Harvard Law School Harvard Law School alumni Harvard Law School faculty Hunter College High School alumni Law clerks of the Supreme Court of the United States New York lawyers Nominations to the United States Supreme Court Obama Administration personnel People from New York City Princeton University alumni United States federal judges appointed by Barack Obama United States Solicitors General United States Supreme Court justices University of Chicago faculty This page was last modified on 19 December 2011 at 20:39. Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may apply. See Terms of use for details. Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization. 13 of 13 12/23/2011 8:15 PM