CNN reports that in a recent speech Justice Elena Kagan acknowledged that she has gone practice shooting and hunting with Justice Scalia — and that she likes it. From the story: She recalled paying a courtesy call on Sen. James Risch (R-Idaho) shortly after her nomination to the court by President Obama in May 2010. […]
Archive | Kagan Nomination
Kagan’s Recusal Manuevers
While serving as Solicitor General, Justice Elena Kagan allegedly began maneuvering to avoid having to recuse in any eventual challenges to the Patient Protection and Affordable Care Act, months before her nomination was announced — indeed, even before she was told she was under consideration — according to a series of documents released in response […]
14 New Grants, Four More Recusals
The Supreme Court added fourteen more cases to the docket for October Term 2010 yesterday. Lyle Denniston rounds up the cases here. (More here.) As BLT notes, Justice Elena Kagan has recused herself from four of these cases. For those keeping track, this brings her total number of recusals up to twenty-five. This represents a […]
Kagan’s Recusals
By Jonathan H. Adler on September 10, 2010 2:39 pm in Judicial Nominations, Kagan Nomination, Supreme Court
This week, Justice Elena Kagan “quietly recused herself” from ten more cases to be heard by the Supreme Court during the OT 2010 term, BLT reports. This means Justice Kagan has now recused in twenty-one cases, just over half of the forty cases accepted by the Court for the coming term. The high recusal rate […]
Forgetting Justice Marshall
During the recent Supreme Court confirmation hearings, several Republican Senators asked Elena Kagan about her views of Justice Thurgood Marshall. Kagan clerked for Justice Marshall and had expressed admiration for his approach to the law. Senate Republicans acknowledged Marshall’s pioneering and inspirational work as a civil rights attorney, but challenged Kagan’s apparent embrace of Marshall’s […]
My Senate briefing on Kagan and the McDonald Case
By David Kopel on August 5, 2010 3:20 pm in Constitutional Law, Guns, Kagan Nomination, McDonald v. City of Chicago
It was delivered in late June to the Second Amendment Task Force, a group of Republican Senate aides. (Unfortunately, the Senate’s protocals of partisanship prevent organizations like this from having aides from both parties.) My presentation is here (22 minutes). The presentation by Hans Von Spakovsky, Senior Research Fellow at The Heritage Foundation, is here. And […]
One Democrat to Oppose Kagan
Senator Ben Nelson (D-NE) has announced he will vote against confirmation of Elena Kagan to the Supreme Court. He is the first Democrat to come out against her. Nelson’s decision marks the first time a Democrat has crossed Obama over a Supreme Court nominee. The president’s first pick for the high court, Justice Sonia Sotomayor, […]
Polling Justice Kagan
The Senate Judiciary Committee is scheduled to vote on Elena Kagan’s nomination to the Supreme Court this week. Barring a truly shocking development, the Senate will vote to confirm her later this summer. Gallup reports that Americans support her confirmation 44 percent to 34 percent. That a plurality of Americans supports her confirmation should not […]
Kagan Did “Just Enough” To Win Specter’s Vote
By Jonathan H. Adler on July 15, 2010 9:02 am in Judicial Nominations, Kagan Nomination, Supreme Court
Senator Arlen Specter (R D-PA) has an op-ed in USA Today explaining his decision to support the confirmation of Elena Kagan to the Supreme Court. He explains that it was a close call, and that he was deeply troubled by her refusal to answer more substantive questions, but will support her nonetheless. As he summarizes: […]
Kagan Doesn’t Like Korematsu
During her nomination hearings, Elena Kagan carefully avoided offering a personal opinion about any Supreme Court decision. In a written response to questions from Senator Cornyn, however, she was willing to identify Korematsu v. United States as a particularly “poorly reasoned” decision. UPDATE: Jess Bravin of the WSJ reports that Kagan also doesn’t like Critical […]
Saletan on Kagan, ACOG, and the Partial-Birth Abortion Ban
By Jonathan H. Adler on July 4, 2010 8:10 am in Judicial Nominations, Kagan Nomination, Politicizing Science
Slate‘s William Saletan, author of Bearing Right, writes on “Elena Kagan’s partial-birth abortion scandal,” concluding (as I did) that the events uncovered impugn the American College of Obstetricians and Gynecologists more than Kagan. But he also thinks there is a broader lesson to be learned here. He writes: Kagan, who was then an associate White […]
My oral testimony on the Kagan nomination
Here, starting at 41:09. The next witnesses, William Olson, also testified on Second Amendment issues. After that, the three Senators at the hearing (Schumer, Sessions, and Hatch) asked questions to some of the witnesses, including Olson and me.
Goldsmith Gives It to the Judiciary Committee
Harvard law professor Jack Goldsmith testified in support of Elena Kagan’s confirmation to the Supreme Court today. No doubt one reason he was asked to testify is because he is a noted conservative and former Assistant Attorney General for the Office of Legal Counsel in the Bush Administration, and it’s always convenient to have a […]
Kagan’s Testimony on Property Rights
By Ilya Somin on July 1, 2010 6:54 pm in Eminent Domain, Judicial Nominations, Kagan Nomination, Kelo, Property Rights, Supreme Court
In an exchange with Republican Senator Charles Grassley yesterday, Elena Kagan made some interesting comments on property rights and the controversial Kelo decision: GRASSLEY: …. I want to start with private property. The takings clause of the Fifth Amendment states, “Nor shall private property be taken for public use without just compensation.” The plain language […]
Further Reactions to the Kagan Hearings
The Washington Post has posted my comments on today’s hearings in their online “Topic A” feature. Comments from others are sure to follow. Among other things, I note that Elena Kagan has effectively avoided giving substantive answers that could disclose her views on any legal issue, old or new. She wouldn’t name any justice she […]