Supreme Court

Kagan Confirmed

After another summer of hyperbolic debate, the Senate voted 63-37 Thursday to confirm solicitor general and former Harvard Law School dean Elena Kagan as the next Associate Justice of the Supreme Court.

Despite the obligatory objections over her judicial record (or lack thereof), legal philosophy (real and imagined) and all-around …

Morning Must Reads: Let Them Eat Cake

President Obama jokes with AFL-CIO President Richard Trumka about eating birthday cake while he speaks at the labor union’s Executive Council meeting in Washington, August 4, 2010. REUTERS/Larry Downing

–Michael Lindenberger explains the ruling that struck down California gay-marriage ban yesterday.

–Dahlia Lithwick writes …

Confirming Kagan

The Senate Judiciary Committee in the next few minutes will report out the nomination of Solicitor General Elena Kagan to the Supreme Court. Her passage through the committee is all but assured given that Democrats control it by a margin of 12-7. The only bit of news this vote will yield is whether or not South Carolina Senator Lindsey …

GOP Opposition to Kagan Mounts

John McCain became the latest GOP senator to announce his opposition to Supreme Court nominee Elena Kagan. In a searing op-ed in today’s USA Today, McCain, who is in a tough reelection race, said “Kagan fails.” His reasoning? Her handling of Don’t Ask Don’t Tell as Dean of Harvard Law School.

In 1987, I had my first opportunity to

Kagan’s “Modest” Day 1

Day 1 is done in Solicitor General Elena Kagan’s hearings to become the 112th Supreme Court justice. Thus far there has been relatively little about Kagan herself. In between memorials for Senator Bobby Byrd and Sandra Day O’Connor’s Ruth Bader Ginsburg’s husband, Republicans griped that no matter what Kagan says, they don’t think …

Re: Kagan’s Day

The White House sends over excerpts of her opening statement. Anticipating the standard Republican inquisition over “judicial activism” and “legislating from the bench,” Kagan’s remarks come off as a paean to rule of law, impartiality and proper deference to the legislative branch. From her prepared remarks (emphasis mine):


Kagan’s Day

Well, it’s actually her week. President Obama’s nominee to the nation’s highest bench, Solicitor General Elena Kagan, takes the hot seat today before the Senate Judiciary Committee. Though, today will be relatively mild given that the whole day will actually be spent on senators’ opening statements. Her first words are expected to be …

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