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Elena Kagan ( ; born April 28, 1960) is an American lawyer who serves as an
associate justice of the Supreme Court of the United States An associate justice of the Supreme Court of the United States is any member of the Supreme Court of the United States other than the chief justice of the United States. The number of associate justices is eight, as set by the Judiciary Act of ...
. She was
nominated A candidate, or nominee, is the prospective recipient of an award or honor, or a person seeking or being considered for some kind of position; for example: * to be elected to an office — in this case a candidate selection procedure occurs. * ...
by President
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...
on May 10, 2010, and has served since August 7, 2010. Kagan is the fourth woman to become a member of the Court. Kagan was born and raised in New York City. After graduating from
Princeton University Princeton University is a private research university in Princeton, New Jersey. Founded in 1746 in Elizabeth as the College of New Jersey, Princeton is the fourth-oldest institution of higher education in the United States and one of the ...
,
Worcester College, Oxford Worcester College is one of the constituent colleges of the University of Oxford in England. The college was founded in 1714 by the benefaction of Sir Thomas Cookes, 2nd Baronet (1648–1701) of Norgrove, Worcestershire, whose coat of arms ...
, and
Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each c ...
, she clerked for a federal Court of Appeals judge and for Supreme Court Justice
Thurgood Marshall Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American civil rights lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1967 until 1991. He was the Supreme Court's first African-A ...
. She began her career as a professor at the
University of Chicago Law School The University of Chicago Law School is the law school of the University of Chicago, a private research university in Chicago, Illinois. It is consistently ranked among the best and most prestigious law schools in the world, and has many dis ...
, leaving to serve as Associate
White House Counsel The White House counsel is a senior staff appointee of the president of the United States whose role is to advise the president on all legal issues concerning the president and their administration. The White House counsel also oversees the Of ...
, and later as a policy adviser under
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
Bill Clinton William Jefferson Clinton (né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and again ...
. After a nomination to the
United States Court of Appeals for the D.C. Circuit The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. federal appellate cou ...
, which expired without action, she became a professor at
Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each c ...
and was later named its first female dean. In 2009, Kagan became the first female
solicitor general of the United States The solicitor general of the United States is the fourth-highest-ranking official in the United States Department of Justice. Elizabeth Prelogar has been serving in the role since October 28, 2021. The United States solicitor general represent ...
. President Obama later nominated her to the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
to fill the vacancy arising from the impending retirement of Justice
John Paul Stevens John Paul Stevens (April 20, 1920 – July 16, 2019) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1975 to 2010. At the time of his retirement, he was the second-oldes ...
. The
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and po ...
confirmed her nomination by a vote of 63–37. As of 2022, she is the most recent justice appointed without any prior judicial experience. She is considered part of the Court's liberal wing but tends to be one of the more moderate justices of that group. She wrote the
majority opinion In law, a majority opinion is a judicial opinion agreed to by more than half of the members of a court. A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision. Not all cases hav ...
in '' Cooper v. Harris'', a landmark case restricting the permissible uses of race in drawing congressional districts.


Early life

Kagan was born on April 28, 1960, in
Manhattan Manhattan (), known regionally as the City, is the most densely populated and geographically smallest of the five boroughs of New York City. The borough is also coextensive with New York County, one of the original counties of the U.S. state ...
, the second of three children of Robert Kagan, an attorney who represented tenants trying to remain in their homes, and Gloria (Gittelman) Kagan, who taught at Hunter College Elementary School. Both her parents were the children of
Russian Jewish The history of the Jews in Russia and areas historically connected with it goes back at least 1,500 years. Jews in Russia have historically constituted a large religious and ethnic diaspora; the Russian Empire at one time hosted the largest pop ...
immigrants. Kagan has two brothers, Marc and Irving. Kagan and her family lived in a third-floor apartment at
West End Avenue West or Occident is one of the four cardinal directions or points of the compass. It is the opposite direction from east and is the direction in which the Sun sets on the Earth. Etymology The word "west" is a Germanic word passed into some R ...
and 75th Street, and attended Lincoln Square Synagogue. She was independent and strong-willed in her youth and, according to a former law partner of her father's, clashed with her Orthodox
rabbi A rabbi () is a spiritual leader or religious teacher in Judaism. One becomes a rabbi by being ordained by another rabbi – known as '' semikha'' – following a course of study of Jewish history and texts such as the Talmud. The basic form o ...
, Shlomo Riskin, over aspects of her bat mitzvah. "She had strong opinions about what a bat mitzvah should be like, which didn't parallel the wishes of the rabbi," her father's colleague said. Kagan and Riskin negotiated a solution. Riskin had never performed a ritual bat mitzvah before. She "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", he said. Kagan asked to read from the
Torah The Torah (; hbo, ''Tōrā'', "Instruction", "Teaching" or "Law") is the compilation of the first five books of the Hebrew Bible, namely the books of Genesis, Exodus, Leviticus, Numbers and Deuteronomy. In that sense, Torah means the ...
on a Saturday morning as the boys did, but ultimately read from the
Book of Ruth The Book of Ruth ( he, מגילת רות, ''Megilath Ruth'', "the Scroll of Ruth", one of the Five Megillot) is included in the third division, or the Writings (Ketuvim), of the Hebrew Bible. In most Christian canons it is treated as one of th ...
on a
Friday night Friday is the day of the week between Thursday and Saturday. In countries that adopt the traditional "Sunday-first" convention, it is the sixth day of the week. In countries adopting the ISO-defined "Monday-first" convention, it is the fifth day ...
. She now practices
Conservative Judaism Conservative Judaism, known as Masorti Judaism outside North America, is a Jewish religious movement which regards the authority of ''halakha'' (Jewish law) and traditions as coming primarily from its people and community through the generati ...
."Growing Up, Kagan Tested Boundaries of Her Faith."
''The New York Times''. May 12, 2010. May 19, 2010.
Kagan's childhood friend Margaret Raymond recalled that she was a teenage smoker but not a partier. On Saturday nights, Raymond and Kagan were "more apt to sit on the steps of the
Metropolitan Museum of Art The Metropolitan Museum of Art of New York City, colloquially "the Met", is the largest art museum in the Americas. Its permanent collection contains over two million works, divided among 17 curatorial departments. The main building at 1000 ...
and talk." Kagan also loved literature and reread
Jane Austen Jane Austen (; 16 December 1775 – 18 July 1817) was an English novelist known primarily for her six major novels, which interpret, critique, and comment upon the British landed gentry at the end of the 18th century. Austen's plots of ...
's ''
Pride and Prejudice ''Pride and Prejudice'' is an 1813 novel of manners by Jane Austen. The novel follows the character development of Elizabeth Bennet, the dynamic protagonist of the book who learns about the repercussions of hasty judgments and comes to appreci ...
'' every year. In her 1977
Hunter College High School Hunter College High School is a secondary school located in the Carnegie Hill neighborhood on the Upper East Side of Manhattan. It is administered by Hunter College of the City University of New York (CUNY). Hunter is publicly funded, and there ...
yearbook, she is pictured in a judge's robe and holding a
gavel A gavel is a small ceremonial mallet commonly made of hardwood, typically fashioned with a handle. It can be used to call for attention or to punctuate rulings and proclamations and is a symbol of the authority and right to act officially in the ...
. Next to the photo is a quotation from former Supreme Court Justice
Felix Frankfurter Felix Frankfurter (November 15, 1882 – February 22, 1965) was an Austrian-American jurist who served as an Associate Justice of the Supreme Court of the United States from 1939 until 1962, during which period he was a noted advocate of judic ...
: "Government is itself an art, one of the subtlest of arts."


Education

Kagan attended
Hunter College High School Hunter College High School is a secondary school located in the Carnegie Hill neighborhood on the Upper East Side of Manhattan. It is administered by Hunter College of the City University of New York (CUNY). Hunter is publicly funded, and there ...
, where her mother taught. The school had a reputation as one of the most elite learning institutions for high school girls and attracted students from all over New York City. Kagan emerged as one of the school's more outstanding students. She was elected president of the student government and served on a student-faculty consultative committee. Kagan then attended
Princeton University Princeton University is a private research university in Princeton, New Jersey. Founded in 1746 in Elizabeth as the College of New Jersey, Princeton is the fourth-oldest institution of higher education in the United States and one of the ...
, graduating in 1981 with a
Bachelor of Arts Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four yea ...
''
summa cum laude Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some Sou ...
'' in history. She was particularly drawn to American history and archival research. She wrote a senior thesis under historian
Sean Wilentz Robert Sean Wilentz (; born February 20, 1951) is the George Henry Davis 1886 Professor of American History at Princeton University, where he has taught since 1979. His primary research interests include U.S. social and political history in the ...
titled "To the Final Conflict: Socialism in New York City, 1900–1933". In it she wrote, "Through its own internal feuding, then, the SP ocialist Partyexhausted 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." Wilentz says Kagan did not mean to defend socialism, noting that she "was interested in it. To study something is not to endorse it." As an undergraduate, Kagan also served as editorial chair of ''
The Daily Princetonian ''The Daily Princetonian'', originally known as ''The Princetonian'' and nicknamed the Prince, is the independent daily student newspaper of Princeton University. Founded on June 14, 1876 as ''The'' ''Princetonian'', it changed its name to ''T ...
''. Along with eight other students, she penned a "Declaration of the Campaign for a Democratic University". It called for "a fundamental restructuring of university governance" and condemned Princeton's administration for making decisions "behind closed doors". Despite the liberal tone of ''The Daily Princetonian''s editorials, Kagan was politically restrained in her dealings with fellow reporters. Her ''Daily Princetonian'' colleague Steven Bernstein has said he "cannot recall a time in which Kagan expressed her political views". He described Kagan's political stances as "sort of liberal, democratic, progressive tradition, and everything with lower case". In 1980, Kagan received Princeton's Daniel M. Sachs Class of 1960 Graduating Scholarship, one of the highest general awards the university confers. This enabled her to study at
Worcester College, Oxford Worcester College is one of the constituent colleges of the University of Oxford in England. The college was founded in 1714 by the benefaction of Sir Thomas Cookes, 2nd Baronet (1648–1701) of Norgrove, Worcestershire, whose coat of arms ...
. As part of her graduation requirement, Kagan wrote a thesis called "The Development and Erosion of the American Exclusionary Rule: A Study in Judicial Method". It presented a critical look at the
exclusionary rule In the United States, the exclusionary rule is a legal rule, based on constitutional law, that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law. This may be consider ...
and its evolution on the Supreme Court—in particular the
Warren Court The Warren Court was the period in the history of the Supreme Court of the United States during which Earl Warren served as Chief Justice. Warren replaced the deceased Fred M. Vinson as Chief Justice in 1953, and Warren remained in office until ...
. She earned a
Master of Philosophy The Master of Philosophy (MPhil; Latin ' or ') is a postgraduate degree. In the United States, an MPhil typically includes a taught portion and a significant research portion, during which a thesis project is conducted under supervision. An MPhil ...
in Politics at Oxford in 1983. In 1983, at age 23, Kagan entered
Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each c ...
. Her adjustment to Harvard's atmosphere was rocky; she received the worst grades of her entire law school career in her first semester. Kagan went on to earn an A in 17 of the 21 courses she took at Harvard, and was a supervisory editor of the ''
Harvard Law Review The ''Harvard Law Review'' is a law review published by an independent student group at Harvard Law School. According to the ''Journal Citation Reports'', the ''Harvard Law Review''s 2015 impact factor of 4.979 placed the journal first out of 143 ...
''. She worked as a summer associate at the
Wall Street Wall Street is an eight-block-long street in the Financial District of Lower Manhattan in New York City. It runs between Broadway in the west to South Street and the East River in the east. The term "Wall Street" has become a metonym for ...
law firm Fried, Frank, Harris, Shriver & Jacobson, where she worked in the litigation department. She graduated in 1986 with a
Juris Doctor The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice l ...
''
magna cum laude Latin honors are a system of Latin phrases used in some colleges and universities to indicate the level of distinction with which an academic degree has been earned. The system is primarily used in the United States. It is also used in some Sou ...
''. Her friend
Jeffrey Toobin Jeffrey Ross Toobin (; born May 21, 1960) is an American lawyer, author, blogger, and longtime legal analyst for CNN. He left CNN on September 4, 2022. During the Iran–Contra affair, Toobin served as an associate counsel on this investigation ...
recalls that 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 ease, and won the respect of everyone."


Career


Early career

After law school, Kagan was a
law clerk A law clerk or a judicial clerk is a person, generally someone who provides direct counsel and assistance to a lawyer or judge by researching issues and drafting legal opinions for cases before the court. Judicial clerks often play significant ...
for judge
Abner J. Mikva Abner Joseph Mikva (January 21, 1926 – July 4, 2016) was an American politician, federal judge, lawyer and law professor. He was a member of the Democratic Party. Mikva served in the United States House of Representatives representing Illinois' ...
of the
U.S. Court of Appeals for the District of Columbia Circuit The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. federal appellate cou ...
from 1987 to 1988. She became one of Mikva's favorite clerks; he called her "the pick of the litter". From 1988 to 1989, Kagan clerked for justice
Thurgood Marshall Thurgood Marshall (July 2, 1908 – January 24, 1993) was an American civil rights lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1967 until 1991. He was the Supreme Court's first African-A ...
of the U.S. Supreme Court. Marshall said he hired Kagan to help him put the "spark" back into his opinions as the Court had been undergoing a conservative shift since William Rehnquist became Chief Justice in 1986. Marshall nicknamed the Kagan "Shorty". From 1989 to 1991, Kagan was in private practice at the Washington, D.C. law firm
Williams & Connolly Williams & Connolly LLP is an American law firm based in Washington, D.C. The firm was founded by trial lawyer Edward Bennett Williams in collaboration with Paul Connolly, a former student of his. Williams left the partnership of D.C. firm Hog ...
. As a junior associate, she drafted briefs and conducted discovery. During her short time at the firm, she handled five lawsuits that involved
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
or media law issues and libel issues. In 1991, Kagan became an assistant professor at the
University of Chicago Law School The University of Chicago Law School is the law school of the University of Chicago, a private research university in Chicago, Illinois. It is consistently ranked among the best and most prestigious law schools in the world, and has many dis ...
. While there she first met
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...
, a guest lecturer at the school. While on the UC faculty, Kagan published a law review article on the regulation of First Amendment
hate speech Hate speech is defined by the ''Cambridge Dictionary'' as "public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation". Hate speech is "usually thoug ...
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 Stephen Lisle Carter (born October 26, 1954)"Carter, Stephen L. 1954 ...
discussing the judicial confirmation process. In the first article, which became highly influential, Kagan argued that the Supreme Court should examine governmental motives when deciding First Amendment cases and analyzed historic
draft-card burning Draft-card burning was a symbol of protest performed by thousands of young men in the United States and Australia in the 1960s and early 1970s. The first draft-card burners were American men taking part in the opposition to United States involvem ...
and flag burning cases in light of free speech arguments. In 1993, Senator Joe Biden appointed Kagan as a special counsel for the
Senate Judiciary Committee The United States Senate Committee on the Judiciary, informally the Senate Judiciary Committee, is a standing committee of 22 U.S. senators whose role is to oversee the Department of Justice (DOJ), consider executive and judicial nominations ...
. During this time, she worked on
Ruth Bader Ginsburg Joan Ruth Bader Ginsburg ( ; ; March 15, 1933September 18, 2020) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1993 until her death in 2020. She was nominated by Presiden ...
's Supreme Court confirmation hearings. Kagan became a tenured professor of law in 1995. 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".


Clinton administration

Kagan served as Associate White House Counsel for
Bill Clinton William Jefferson Clinton (né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and again ...
from 1995 to 1996, when Mikva served as White House Counsel. She worked on such issues affecting the Clinton administration as the
Whitewater controversy The Whitewater controversy, Whitewater scandal, Whitewatergate, or simply Whitewater, was an American political controversy during the 1990s. It began with an investigation into the real estate investments of Bill and Hillary Clinton and their as ...
, the
White House travel office controversy The White House travel office controversy, sometimes referred to as Travelgate,
''
, and ''
Clinton v. Jones ''Clinton v. Jones'', 520 U.S. 681 (1997), was a landmark United States Supreme Court case establishing that a sitting President of the United States has no immunity from civil law litigation, in federal court, against him or her, for acts done ...
''. From 1997 to 1999, she worked as Deputy Assistant to the President for Domestic Policy and deputy director of the Domestic Policy Council. Kagan worked on topics like budget appropriations, campaign finance reform, and social welfare issues. Her work is catalogued in the Clinton Library. Kagan coauthored a 1997 memo urging Clinton 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." On June 17, 1999, Clinton nominated Kagan to the
U.S. Court of Appeals for the District of Columbia Circuit The United States Court of Appeals for the District of Columbia Circuit (in case citations, D.C. Cir.) is one of the thirteen United States Courts of Appeals. It has the smallest geographical jurisdiction of any of the U.S. federal appellate cou ...
, to replace James L. Buckley, who took
senior status Senior status is a form of semi- retirement for United States federal judges. To qualify, a judge in the federal court system must be at least 65 years old, and the sum of the judge's age and years of service as a federal judge must be at leas ...
in 1996. The
Senate Judiciary Committee The United States Senate Committee on the Judiciary, informally the Senate Judiciary Committee, is a standing committee of 22 U.S. senators whose role is to oversee the Department of Justice (DOJ), consider executive and judicial nominations ...
's Republican Chairman, Orrin Hatch, scheduled no hearing, effectively ending her nomination. When the Senate term ended, her nomination lapsed, as did that of fellow Clinton nominee Allen Snyder.


Academia

After her service in the
White House The White House is the official residence and workplace of the president of the United States. It is located at 1600 Pennsylvania Avenue NW in Washington, D.C., and has been the residence of every U.S. president since John Adams in ...
and her lapsed judicial nomination, Kagan returned to academia in 1999. She initially sought to return to the University of Chicago, but she had given up her tenured position during her extended stint in the Clinton Administration, and the school chose not to rehire her, reportedly due to doubts about her commitment to academia. Kagan quickly found a position as a visiting professor at Harvard Law School. While there, she authored a law review article on
United States administrative law United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two f ...
, focusing on the president's role in formulating and influencing federal administrative law. The article was honored as the year's top scholarly article by the
American Bar Association The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. Founded in 1878, the ABA's most important stated activities are the setting of aca ...
's Section on Administrative Law and Regulatory Practice. In 2001, Kagan was named a full professor at Harvard Law School and in 2003 she was named dean of the Law School by Harvard University President
Lawrence Summers Lawrence Henry Summers (born November 30, 1954) is an American economist who served as the 71st United States secretary of the treasury from 1999 to 2001 and as director of the National Economic Council from 2009 to 2010. He also served as pres ...
. She succeeded
Robert C. Clark Robert C. Clark (born 1944) is Harvard University Distinguished Service Professor, Emeritus and the Austin Wakeman Scott Professor of Law, Emeritus at Harvard Law School. He previously served as dean and professor of law at Harvard Law School fr ...
, 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 a consensus-building leadership style that defused the school's previous ideological discord. As dean, Kagan inherited a capital campaign, "Setting the Standard," in 2003. It ended in 2008 with a record-breaking raised, 19% more than the original goal. Kagan made a number of prominent new hires, increasing the size of the faculty considerably. Her coups included hiring legal scholar
Cass Sunstein Cass Robert Sunstein (born September 21, 1954) is an American legal scholar known for his studies of constitutional law, administrative law, environmental law, law and behavioral economics. He is also ''The New York Times'' best-selling author ...
away from the
University of Chicago The University of Chicago (UChicago, Chicago, U of C, or UChi) is a private research university in Chicago, Illinois. Its main campus is located in Chicago's Hyde Park neighborhood. The University of Chicago is consistently ranked among the b ...
and
Lawrence Lessig Lester Lawrence Lessig III (born June 3, 1961) is an American academic, attorney, and political activist. He is the Roy L. Furman Professor of Law at Harvard Law School and the former director of the Edmond J. Safra Center for Ethics at Harvard ...
away from
Stanford Stanford University, officially Leland Stanford Junior University, is a Private university, private research university in Stanford, California. The campus occupies , among the largest in the United States, and enrolls over 17,000 students. S ...
. She also made an effort to hire conservative scholars, such as former Bush administration official
Jack Goldsmith Jack Landman Goldsmith III (born September 26, 1962) is an American legal scholar. He is a professor at Harvard Law School who has written extensively in the fields of international law, civil procedure, federal courts, conflict of laws, and nat ...
, for the traditionally liberal-leaning faculty. According to Kevin Washburn, then 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-focused. During her deanship, Kagan upheld a decades-old policy barring military recruiters from the Office of Career Services because she felt the military's "Don't Ask, Don't Tell" policy discriminated against gays and lesbians. According to
Campus Progress Generation Progress is a youth-centered research and advocacy group that promotes progressive political and social policy through support for young people, students, and activists in the United States. Generation Progress is the youth engagement a ...
, In October 2003, Kagan sent an email to students and faculty deploring that military recruiters had shown up on campus in violation of this policy. The email read in part, "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". From 2005 to 2008, Kagan was a member of the Research Advisory Council of the
Goldman Sachs Goldman Sachs () is an American multinational investment bank and financial services company. Founded in 1869, Goldman Sachs is headquartered at 200 West Street in Lower Manhattan, with regional headquarters in London, Warsaw, Bangalore, Ho ...
Global Markets Institute. She received a $10,000
stipend A stipend is a regular fixed sum of money paid for services or to defray expenses, such as for scholarship, internship, or apprenticeship. It is often distinct from an income or a salary because it does not necessarily represent payment for work p ...
for her service. By early 2007, Kagan was a finalist for the presidency of Harvard University after Lawrence Summers's resignation the previous year. The position ultimately went to
Drew Gilpin Faust Catharine Drew Gilpin Faust (born September 18, 1947) is an American historian and was the 28th president of Harvard University, the first woman to serve in that role. She was Harvard's first president since 1672 without an undergraduate or gradu ...
instead. Kagan was reportedly disappointed, and law school students threw her a party to express their appreciation for her leadership.


Solicitor General

On January 5, 2009, President-elect Barack Obama announced he would nominate Kagan to be Solicitor General. She was vetted for the position of Deputy Attorney General before her selection as Solicitor General. At the time of her nomination, Kagan had never argued a case before any court. At least two previous solicitors general,
Robert Bork Robert Heron Bork (March 1, 1927 – December 19, 2012) was an American jurist who served as the solicitor general of the United States from 1973 to 1977. A professor at Yale Law School by occupation, he later served as a judge on the U.S. Cour ...
and Kenneth Starr, had no previous Supreme Court appearances. The two main questions senators had for Kagan during her confirmation hearings were whether she would defend statutes that she personally opposed and whether she was qualified to be solicitor general given her lack of courtroom experience. Kagan testified that she would defend laws, such as the
Defense of Marriage Act The Defense of Marriage Act (DOMA) was a United States federal law passed by the 104th United States Congress and signed into law by President Bill Clinton. It banned federal recognition of same-sex marriage by limiting the definition of marr ...
, pursuant to which states were not required to recognize same-sex marriages originating in other states, "if there is any reasonable basis to do so". The Senate confirmed her on March 19, 2009, by a vote of 61 to 31. She was the first woman to hold the position. Upon taking office, Kagan pledged to defend any statute as long as there was a colorable argument to be made, regardless of her personal opinions. As Solicitor General, Kagan's job was to act as the lawyer for the United States and defend legislation and executive actions in appeals before the Supreme Court. Thus the arguments she made as Solicitor General were not necessarily indicative of her personal beliefs. Kagan's first appearance before the Supreme Court was on September 9, 2009, one month before the typical start of a new term in October, in the re-argument of ''
Citizens United v. Federal Election Commission ''Citizens United v. Federal Election Commission'', 558 U.S. 310 (2010), was a landmark decision of the Supreme Court of the United States regarding campaign finance laws and free speech under the First Amendment to the U.S. Constitution. It w ...
'', . During argument, she asked the Court to uphold a 1990 precedent that allowed the government to restrict corporations' use of their treasuries to campaign for or against political candidates. As an alternative argument, Kagan further contended that if the Court would not uphold precedent, it should keep its ruling narrowly focused on corporations that resembled the petitioning organization, Citizens United, rather than reconsidering the constitutionality of broader restrictions on corporate campaign finance. In a 5–4 decision, the Court overturned precedent and allowed corporations to spend freely in elections, a major defeat for the Obama administration. During her 15 months as Solicitor General, Kagan argued six cases before the Supreme Court. ''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large n ...
'' described her style during argument as "confident" and "conversational". She helped win four cases: '' Salazar v. Buono'', , ''
United States v. Comstock United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two f ...
'', , '' Holder v. Humanitarian Law Project'', , and ''
Free Enterprise Fund v. Public Company Accounting Oversight Board ''Free Enterprise Fund v. Public Company Accounting Oversight Board'', 561 U.S. 477 (2010), was a 5–4 decision by the U.S. Supreme Court in which the Court ruled that laws enabling inferior officers of the United States to be insulated from the ...
'', .


Supreme Court


Nomination

Before Obama's election, Kagan was the subject of media speculation as a potential Supreme Court nominee if a Democratic president were elected in 2008. Obama had his first Supreme Court vacancy to fill in 2009 when Associate Justice David H. Souter announced his upcoming retirement. Senior Obama adviser David Axelrod later recounted that during the search for a new justice,
Antonin Scalia Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectu ...
told him he hoped Obama would nominate Kagan, because of her intelligence. On May 13, 2009, the
Associated Press The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. new ...
reported that Obama was considering Kagan, among others. On May 26, 2009, Obama announced that he had chosen
Sonia Sotomayor Sonia Maria Sotomayor (, ; born June 25, 1954) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. She was nominated by President Barack Obama on May 26, 2009, and has served since ...
. On April 9, 2010, Justice
John Paul Stevens John Paul Stevens (April 20, 1920 – July 16, 2019) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1975 to 2010. At the time of his retirement, he was the second-oldes ...
announced he would retire at the start of the Court's summer 2010 recess, triggering new speculation about potential replacements, and Kagan was once again considered a contender. In a ''Fresh Dialogues'' interview,
Jeffrey Toobin Jeffrey Ross Toobin (; born May 21, 1960) is an American lawyer, author, blogger, and longtime legal analyst for CNN. He left CNN on September 4, 2022. During the Iran–Contra affair, Toobin served as an associate counsel on this investigation ...
, a Supreme Court analyst and Kagan's friend and law school classmate, speculated that she would be Obama's nominee, describing her as "very much an Obama-type person, a moderate Democrat, a consensus builder". This alarmed some liberals and progressives, who worried that "replacing Stevens with Kagan risks moving the Court to the right, perhaps substantially to the right". On May 10, 2010, Obama nominated Kagan to the Supreme Court. The deans of over one-third of the country's law schools, 69 people in total, endorsed the nomination in an
open letter An open letter is a letter that is intended to be read by a wide audience, or a letter intended for an individual, but that is nonetheless widely distributed intentionally. Open letters usually take the form of a letter addressed to an indiv ...
in early June. It lauded what it called her coalition-building skills and "understanding of both doctrine and policy" as well as her written record of legal analysis.


Confirmation hearings

Kagan's confirmation hearings before the
Senate Judiciary Committee The United States Senate Committee on the Judiciary, informally the Senate Judiciary Committee, is a standing committee of 22 U.S. senators whose role is to oversee the Department of Justice (DOJ), consider executive and judicial nominations ...
began on June 28. As they began, Kagan was expected to be confirmed, with Senator
John Cornyn John Cornyn III ( ; born February 2, 1952) is an American politician and attorney serving as the senior United States senator from Texas, a seat he has held since 2002. A member of the Republican Party, he served as the Senate majority whip for ...
calling her "justice-to-be". During the hearings, she demonstrated a deep knowledge of Supreme Court cases, expounding upon cases senators mentioned in their questions to her without taking notes on the questions. A number of Democratic senators criticized recent decisions of the court as "activist", but Kagan avoided joining in their criticisms. Like many prior nominees, including Chief Justice
John Roberts John Glover Roberts Jr. (born January 27, 1955) is an American lawyer and jurist who has served as the 17th chief justice of the United States since 2005. Roberts has authored the majority opinion in several landmark cases, including '' Nat ...
, she declined to answer whether she thought particular cases were correctly decided or how she would vote on particular issues. Senators
Jon Kyl Jon Llewellyn Kyl ( ; born April 25, 1942) is an American politician and lobbyist who served as a United States Senator for Arizona from 1995 to 2013 and again in 2018. A Republican, he held both of Arizona's Senate seats at different times, s ...
and
Arlen Specter Arlen Specter (February 12, 1930 – October 14, 2012) was an American lawyer, author and politician who served as a United States Senator from Pennsylvania from 1981 to 2011. Specter was a Democrat from 1951 to 1965, then a Republican fr ...
criticized her evasiveness. Specter said it obscured the way justices actually ruled once on the Court. He noted that Kagan published an article in the '' University of Chicago Law Review'' in 1995 in which she criticized the evasiveness she came to practice. Republican senators criticized Kagan's background as more political than judicial; she responded by promising to be impartial and fair. On July 20, 2010, the Senate Judiciary Committee voted 13–6 to recommend Kagan's confirmation to the full Senate. On August 5 the full Senate confirmed her nomination by a vote of 63–37. The voting was largely along party lines, with five Republicans (Richard Lugar, Judd Gregg,
Lindsey Graham Lindsey Olin Graham (born July 9, 1955) is an American lawyer and politician serving as the senior United States senator from South Carolina, a seat he has held since 2003. A member of the Republican Party, Graham chaired the Senate Committee on ...
, Susan Collins, and Olympia Snowe) supporting her and one Democrat (Ben Nelson) opposing. Kagan's swearing-in ceremony took place on August 7, 2010, at the White House. Chief Justice
John Roberts John Glover Roberts Jr. (born January 27, 1955) is an American lawyer and jurist who has served as the 17th chief justice of the United States since 2005. Roberts has authored the majority opinion in several landmark cases, including '' Nat ...
administered the prescribed constitutional and judicial oaths of office, at which time she became the 112th justice (100th associate justice) of the Supreme Court. She is the first person appointed to the Court without any prior experience as a judge since
William Rehnquist William Hubbs Rehnquist ( ; October 1, 1924 – September 3, 2005) was an American attorney and jurist who served on the U.S. Supreme Court for 33 years, first as an associate justice from 1972 to 1986 and then as the 16th chief justice from ...
and Lewis F. Powell Jr., who both became members in 1972. She is the fourth female justice in the court's history, and the eighth Jewish justice. Ideologically, Kagan is part of the Supreme Court's liberal wing: she voted with the liberal bloc in '' King v. Burwell'', , finding that
Obamacare The Affordable Care Act (ACA), formally known as the Patient Protection and Affordable Care Act and colloquially known as Obamacare, is a landmark U.S. federal statute enacted by the 111th United States Congress and signed into law by Pres ...
's subsidies and individual mandate are constitutional, and in '' Obergefell v. Hodges'', , which prohibits states from outlawing
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
. In 2018, ''
Slate Slate is a fine-grained, foliated, homogeneous metamorphic rock derived from an original shale-type sedimentary rock composed of clay or volcanic ash through low-grade regional metamorphism. It is the finest grained foliated metamorphic rock. ...
'' observed that Kagan had crossed ideological lines on multiple cases during the preceding term, and considered her to be part of a centrist bloc along with Justices Roberts,
Stephen Breyer Stephen Gerald Breyer ( ; born August 15, 1938) is a retired American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1994 until his retirement in 2022. He was nominated by President Bill Clinton, and rep ...
, and
Anthony Kennedy Anthony McLeod Kennedy (born July 23, 1936) is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by Presid ...
. Still, ''
FiveThirtyEight ''FiveThirtyEight'', sometimes rendered as ''538'', is an American website that focuses on opinion poll analysis, politics, economics, and sports blogging in the United States. The website, which takes its name from the number of electors in th ...
'' observed that Kagan voted with her more liberal peers, Ginsburg and Sotomayor, over 90% of the time. Also during the 2017–18 term, Kagan most commonly agreed with Breyer; they voted together in 93% of cases. She agreed least often with Justice
Samuel Alito Samuel Anthony Alito Jr. ( ; born April 1, 1950) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George W. Bush on October 31, 2005, and has serve ...
, in 58.82% of cases. Because of her service as solicitor general, Kagan recused herself from 28 out of the 78 cases heard during her first year on the Court to avoid conflicts of interest. In 2017, she recused herself from the immigrant-detention case ''
Jennings v. Rodriguez ''Jennings v. Rodriguez'', 583 U.S. ___ (2018), was a United States Supreme Court case in which the Court held that detained immigrants do not have a statutory right to periodic bond hearings. The case was brought about by Mexican citizen and law ...
'' because she authorized a filing in the case when she was solicitor general. Kagan was the circuit justice, the justice responsible for handling emergency requests, for the Sixth and Seventh Circuits. After
Brett Kavanaugh Brett Michael Kavanaugh ( ; born February 12, 1965) is an American lawyer and jurist serving as an associate justice of the Supreme Court of the United States. He was nominated by President Donald Trump on July 9, 2018, and has served since O ...
's confirmation, she was assigned to the
Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District ...
, the largest US circuit court by area. It includes
Alaska Alaska ( ; russian: Аляска, Alyaska; ale, Alax̂sxax̂; ; ems, Alas'kaaq; Yup'ik: ''Alaskaq''; tli, Anáaski) is a state located in the Western United States on the northwest extremity of North America. A semi-exclave of the U ...
,
Arizona Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
,
California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...
,
Guam Guam (; ch, Guåhan ) is an organized, unincorporated territory of the United States in the Micronesia subregion of the western Pacific Ocean. It is the westernmost point and territory of the United States (reckoned from the geographic cent ...
,
Hawaii Hawaii ( ; haw, Hawaii or ) is a state in the Western United States, located in the Pacific Ocean about from the U.S. mainland. It is the only U.S. state outside North America, the only state that is an archipelago, and the only stat ...
,
Idaho Idaho ( ) is a U.S. state, state in the Pacific Northwest region of the Western United States. To the north, it shares a small portion of the Canada–United States border with the province of British Columbia. It borders the states of Monta ...
,
Oregon Oregon () is a U.S. state, state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington (state), Washington, while the Snake River delineates much of it ...
,
Montana Montana () is a state in the Mountain West division of the Western United States. It is bordered by Idaho to the west, North Dakota and South Dakota to the east, Wyoming to the south, and the Canadian provinces of Alberta, British Columb ...
,
Nevada Nevada ( ; ) is a U.S. state, state in the Western United States, Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. N ...
, the
Northern Mariana Islands The Northern Mariana Islands, officially the Commonwealth of the Northern Mariana Islands (CNMI; ch, Sankattan Siha Na Islas Mariånas; cal, Commonwealth Téél Falúw kka Efáng llól Marianas), is an unincorporated territory and commonw ...
, and
Washington state Washington (), officially the State of Washington, is a U.S. state, state in the Northwestern United States, Pacific Northwest region of the Western United States. Named for George Washington—the first President of the United States, U.S. p ...
.


Jurisprudence

Kagan's first opinion as a justice, '' Ransom v. FIA Card Services'', was a statutory interpretation case where the Court was tasked with determining what income a debtor was allowed to shield from creditors in bankruptcy. In an 8–1 decision, she held that the
Chapter 13 Bankruptcy Title 11 of the United States Code sets forth the statutes governing the various types of relief for bankruptcy in the United States. Chapter 13 of the United States Bankruptcy Code provides an individual with the opportunity to propose a plan of ...
statute precludes a debtor from taking an allowance for car-related expenses if the debtor owns the car outright and does not make loan or lease payments. She reasoned the word "applicable" was key to the statute, and debtors could only take allowances for car-related costs that applied. Kagan wrote the majority opinion in ''
Kimble v. Marvel Entertainment, LLC ''Kimble v. Marvel Entertainment, LLC'', 576 U.S. 446 (2015), is a significant decision of the United States Supreme Court for several reasons. One is that the Court turned back a considerable amount of academic criticism of both the patent misu ...
''. In the 6–3 decision in favor of Marvel, she held that a patentee cannot receive royalties after the patent has expired. Her opinion included several references to
Spider-Man Spider-Man is a superhero appearing in American comic books published by Marvel Comics. Created by writer-editor Stan Lee and artist Steve Ditko, he first appeared in the anthology comic book ''Amazing Fantasy'' #15 (August 1962) in the Si ...
.


=First Amendment

= Kagan's first dissent came in the First Amendment case '' Arizona Christian School Tuition Organization v. Winn'', . Writing for the liberal wing, she took issue with the majority's creation of an exception to the
Establishment Clause In United States law, the Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The relevant constitutional text ...
of the First Amendment. The majority held that Arizona taxpayers cannot challenge tax credits for those who donate to groups that provide scholarships to religious schools, drawing a distinction between the way the Court treats tax credits and grants. Kagan deemed this distinction "arbitrary" because tax credits and grants can be used to achieve the same objectives. She viewed the majority's decision as creating a loophole for governments to fund religion. In another Establishment Clause case, ''
Town of Greece v. Galloway ''Town of Greece v. Galloway'', 572 U.S. 565 (2014), is a United States Supreme Court case in which the court decided that the Town of Greece, New York may permit volunteer chaplains to open each legislative session with a prayer. The plaintiffs ...
'', , Kagan wrote a dissent arguing that a prayer at a town council meeting failed to treat all Americans the same regardless of religion. ''Greece'' involved a town in New York inviting chaplains, for several years all Christian, to give a prayer before town council meetings. Unlike ''
Marsh v. Chambers ''Marsh v. Chambers'', 463 U.S. 783 (1983), was a landmark court case in which the Supreme Court of the United States held that government funding for chaplains was constitutional because of the "unique history" of the United States.. Three days b ...
'', , where the Supreme Court had permitted a state legislature to open with a prayer, Kagan noted the board in ''Greece'' was a forum for ordinary citizens. She argued the use of prayer showed a preference for a particular religion and thus violated Americans' First Amendment rights.


=Sixth Amendment

= Kagan dissented in '' Luis v. United States'', , where the five-justice majority held that the pretrial freezing of untainted assets not traced back to criminal activity was a violation of a defendant's Sixth Amendment
right to counsel In criminal law, the right to counsel means a defendant has a legal right to have the assistance of counsel (i.e., lawyers) and, if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal exp ...
when those assets were needed to retain counsel of the defendant's choosing. The defendant, Sila Luis, had been charged with Medicare fraud, in which prosecutors alleged he illegally charged $45 million for unneeded services. The prosecutors asked a judge to freeze $2 million of Luis's assets, which Luis said she needed to pay legal bills, after she had already spent most of the $45 million she made from the alleged scheme. An earlier Supreme Court case, ''United States v. Monsanto'', , held that a court could freeze a defendant's assets pretrial, including funds obtained through the alleged sale of drugs, even when those assets were being used to hire an attorney. The majority sought to distinguish their holding in ''Luis'' from ''Monsanto'' based upon the nature of the funds being frozen; Luis's funds were not directly linked to her crime and Monsanto's funds were. Kennedy dissented in ''Luis'' because he did not think criminal defendants should be treated differently based on how quickly they spent their illegal proceeds. Kagan agreed with Kennedy that the Court's decision created inequity and drew an arbitrary distinction, but further opined that ''Monsanto'' might have been wrongly decided. She suggested she would be willing to overturn such precedent in the future, but declined to do so in the case at bar because Luis had not sought that relief. Her vote thus rested on procedural grounds as she expressed skepticism that the government should be able to freeze the assets of a criminal defendant not yet convicted, and thus still benefiting from the presumption of innocence, by merely showing probable cause that the property will be subject to forfeiture.


=Gerrymandering

= Kagan wrote for the majority in '' Cooper v. Harris'', , striking down the configuration of two of
North Carolina's congressional districts North Carolina is currently divided into 13 congressional districts, each represented by a member of the United States House of Representatives. After the 2000 census, the number of North Carolina's seats was increased from 12 to 13 due to the ...
. The Court held the districts' boundaries were unconstitutional because they relied excessively on race and did not pass the
strict scrutiny In U.S. constitutional law, when a law infringes upon a fundamental constitutional right, the court may apply the strict scrutiny standard. Strict scrutiny holds the challenged law as presumptively invalid unless the government can demonstrate th ...
standard of review. In a footnote, Kagan set forth a new principle, that congressional districts drawn with race as the dominant factor may be found to be an unlawful racial gerrymander even if they have another goal, such as sorting voters by political affiliation. Applying this principle to the facts of the case, the Court unanimously struck down North Carolina's District 1, where state lawmakers had increased the state's black voting-age population by 4.1% even though the black population had already been able to elect preferred candidates before the district lines were redrawn. The increase of black voters in District 1 resulted in a decrease of black voters in other districts. The Court also struck down
District 12 District 12 may refer to: *District 12 (Ho Chi Minh city), Vietnam * Schwamendingen, Zürich, Switzerland, also known as District 12 * District 12, an electoral district of Malta *District 12 (Hunger Games), fictional district in the Hunger Games ...
by a vote of 5–3 for similar shifts in its racial composition. The dissent argued that those challenging the validity of the district had not proved that race caused the change in District 12. Kagan quoted Court precedent that race must only be a predominant consideration, and that challengers did not need to prove politics was not a motivating factor. In June 2019, Kagan dissented in ''
Rucho v. Common Cause ''Rucho v. Common Cause'', No. 18-422, 588 U.S. ___ (2019), is a landmark case of the United States Supreme Court concerning partisan gerrymandering. The Court ruled that while partisan gerrymandering may be "incompatible with democratic principl ...
'', a 5-4 ruling that held that partisan gerrymandering is a non-justiciable claim. Kagan wrote, "Of all times to abandon the Court’s duty to declare the law, this was not the one. The practices challenged in these cases imperil our system of government. Part of the Court’s role in that system is to defend its foundations. None is more important than free and fair elections. With respect but deep sadness, I dissent." Ginsburg, Breyer, and Sotomayor joined her dissent.


=Voting rights

= In '' Brnovich v. DNC'', Kagan wrote the dissenting opinion and was joined by Breyer and Sotomayor. She would have struck down the Arizona voting laws that throw out votes that are cast out-of-precinct and ban ballot harvesting. Kagan wrote that African-American, Latino, and Native American voters are disproportionately likely to have their votes thrown out for being out-of-precinct (compared to White voters). She concluded, "The law that confronted one of this country’s most enduring wrongs; pledged to give every American, of every race, an equal chance to participate in our democracy; and now stands as the crucial tool to achieve that goal. That law, of all laws, deserves the sweep and power Congress gave it. That law, of all laws, should not be diminished by this Court."


=Environment

= Joined by Justices Breyer and Sotomayor, Kagan dissented in ''
West Virginia v. EPA ''West Virginia v. Environmental Protection Agency'', 597 U.S. ___ (2022), was a U.S. Supreme Court case related to the Clean Air Act and the ability of the Environmental Protection Agency (EPA) to regulate carbon dioxide emissions related to c ...
'', which struck down the proposed
Clean Power Plan The Clean Power Plan was an Obama administration policy aimed at combating anthropogenic climate change (global warming) that was first proposed by the Environmental Protection Agency (EPA) in June 2014. The final version of the plan was unveil ...
. She wrote, "It is EPA (that's the Environmental Protection Agency, in case the majority forgot) acting to address the greatest environmental challenge of our time. So too, there is nothing special about the Plan's 'who': fossil-fuel-fired power plants. In Utility Air, we thought EPA's regulation of churches and schools highly unusual. But fossil-fuel-fired plants? Those plants pollute—a lot—and so they have long lived under the watchful eye of EPA. That was true even before EPA began regulating carbon dioxide." Kagan concluded, "The subject matter of the regulation here makes the Court's intervention all the more troubling. Whatever else this Court may know about, it does not have a clue about how to address climate change. And let's say the obvious: The stakes here are high. Yet the Court today prevents congressionally authorized agency action to curb power plants' carbon dioxide emissions. The Court appoints itself—instead of Congress or the expert agency—the decision-maker on climate policy. I cannot think of many things more frightening. Respectfully, I dissent."


Writing style

In her first term on the Court, Kagan did not write any separate opinions, and wrote the fewest opinions of any justice. She wrote only majority opinions or dissents that more senior justices assigned to her, and in which she and a group of justices agreed upon a rationale for deciding the case. This tendency to write for a group rather than herself made it difficult to discern her own views or where she might lean in future cases. She wrote the fewest opinions for the terms from 2011 through 2014, tying with Kennedy in 2011 and 2013. Kagan's writing has been characterized as conversational, employing a range of rhetorical styles. She has said that she approaches writing on the Court like she used to approach the classroom, with numerous strategies to engage the reader. Her opinions use examples and analogies to make them more accessible to a broad audience.


Other activities

Like other justices, Kagan makes public appearances when she is not hearing cases. In her first four years on the Court, she made at least 20 public appearances. Kagan tends to choose speaking engagements that allow her to speak to students. ''
Time Time is the continued sequence of existence and event (philosophy), events that occurs in an apparently irreversible process, irreversible succession from the past, through the present, into the future. It is a component quantity of various me ...
'' magazine named Kagan one of its
Time 100 ''Time'' 100 (often stylized as ''TIME'' 100) is an annual listicle of the 100 most influential people in the world, assembled by the American news magazine ''Time''. First published in 1999 as the result of a debate among American academics, p ...
most influential people for 2013. Former Supreme Court Justice
Sandra Day O'Connor Sandra Day O'Connor (born March 26, 1930) is an American retired attorney and politician who served as the first female associate justice of the Supreme Court of the United States from 1981 to 2006. She was both the first woman nominated and th ...
wrote the article on Kagan, calling her "an incisive legal thinker" and "excellent communicator". That same year, a painting of the four women to have served as Supreme Court justices, Kagan, Sotomayor, Ginsburg, and O'Connor, was unveiled at the National Portrait Gallery in Washington, D.C. In 2018, Kagan received the Marshall-Wythe Medallion from
William & Mary Law School The William & Mary Law School, known historically as the Marshall-Wythe School of Law, is the professional graduate law school of the College of William & Mary. Located in Williamsburg, Virginia, the school is the oldest extant law school in th ...
, and an honorary degree of
Doctor of Humane Letters The degree of Doctor of Humane Letters (; DHumLitt; DHL; or LHD) is an honorary degree awarded to those who have distinguished themselves through humanitarian and philanthropic contributions to society. The criteria for awarding the degree differ ...
from
Hunter College Hunter College is a public university in New York City. It is one of the constituent colleges of the City University of New York and offers studies in more than one hundred undergraduate and postgraduate fields across five schools. It also admin ...
.


Personal life

Kagan has never married. During her confirmation, a photo of her playing
softball Softball is a game similar to baseball played with a larger ball on a smaller field. Softball is played competitively at club levels, the college level, and the professional level. The game was first created in 1887 in Chicago by George Hanc ...
, which is sometimes characterized in popular culture as unfeminine, led to unsubstantiated claims that Kagan was a
lesbian A lesbian is a Homosexuality, homosexual woman.Zimmerman, p. 453. The word is also used for women in relation to their sexual identity or sexual behavior, regardless of sexual orientation, or as an adjective to characterize or associate n ...
. Her friends have criticized the rumors. Kagan's law school roommate Sarah Walzer said, "I've known her for most of her adult life and I know she's straight." Kagan's Harvard colleagues and friends have characterized her as a good conversationalist, warm, with a good sense of humor. Before joining the Supreme Court, she was known to play poker and smoke cigars. Early in her tenure as a justice, Kagan began socializing with several of her new colleagues. She attended the opera with
Ruth Bader Ginsburg Joan Ruth Bader Ginsburg ( ; ; March 15, 1933September 18, 2020) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1993 until her death in 2020. She was nominated by Presiden ...
, had dinner with
Sonia Sotomayor Sonia Maria Sotomayor (, ; born June 25, 1954) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. She was nominated by President Barack Obama on May 26, 2009, and has served since ...
, attended legal events with
Anthony Kennedy Anthony McLeod Kennedy (born July 23, 1936) is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by Presid ...
and
Clarence Thomas Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 1 ...
, and went hunting with
Antonin Scalia Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectu ...
. The hunting trips stemmed from a promise Kagan made to U.S. Senator Jim Risch of
Idaho Idaho ( ) is a U.S. state, state in the Pacific Northwest region of the Western United States. To the north, it shares a small portion of the Canada–United States border with the province of British Columbia. It borders the states of Monta ...
during a meeting before her confirmation; Risch expressed concern that, as a
New York City New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
native, Kagan did not understand the importance of hunting to his constituents. Kagan initially offered to go hunting with Risch before promising instead to go hunting with Scalia if confirmed. According to Kagan, Scalia laughed when she told him of the promise and took her to his hunting club for the first of several hunting trips. Kagan is known to spend time with longtime friends from law school and her stint in the Clinton administration rather than attending Washington, D.C. social events she is invited to as a justice.


See also

*
Barack Obama Supreme Court candidates President Barack Obama made two successful appointments to the Supreme Court of the United States. The first was Judge Sonia SotomayorMark SilvaSonia Sotomayor is Obama's Supreme Court nominee ''Los Angeles Times'' (May 26, 2009). to fill the vac ...
*
Bill Clinton judicial appointment controversies During President Bill Clinton's first and second terms of office, he nominated 24 people for 20 federal appellate judgeships but the nominees were not processed by the Republican-controlled Senate Judiciary Committee. Three of the nominees who we ...
*
Demographics of the Supreme Court of the United States The demographics of the Supreme Court of the United States encompass the gender, ethnicity, and religious, geographic, and economic backgrounds of the 116 people who have been appointed and confirmed as justices to the Supreme Court. Some of t ...
* List of law clerks of the Supreme Court of the United States (Seat 4) *
List of law clerks of the Supreme Court of the United States (Seat 10) Law clerks have assisted the justices of the United States Supreme Court in various capacities since the first one was hired by Justice Horace Gray in 1882. Each justice is permitted to have between three and four law clerks per Court term. Mos ...


Notes


References


Sources

*


External links

*
Issue positions and quotes
at OnTheIssues
Elena Kagan Through the Years
– slideshow by ''
ABC News ABC News is the news division of the American broadcast network ABC. Its flagship program is the daily evening newscast '' ABC World News Tonight with David Muir''; other programs include morning news-talk show '' Good Morning America'', '' ...
'' *
Supreme Court Associate Justice Nomination Hearing on Elena Kagan in July 2010
United States Government Publishing Office , - , - , - {{DEFAULTSORT:Kagan, Elena 21st-century American judges 21st-century American women judges Alumni of Worcester College, Oxford American academic administrators American Conservative Jews American women lawyers American women legal scholars Articles containing video clips Clinton administration personnel Constitutional court women judges Deans of Harvard Law School First Amendment scholars Harvard Law School alumni Harvard Law School faculty Hunter College High School alumni Jewish American attorneys Justices of the Supreme Court of the United States Current Justices of the Supreme Court of the United States Law clerks of the Supreme Court of the United States Lawyers from New York City New York (state) Democrats New York (state) lawyers Obama administration personnel Princeton University alumni United States federal judges appointed by Barack Obama United States Solicitors General University of Chicago faculty Women deans (academic) American people of Russian-Jewish descent 1960 births Living people Williams & Connolly people