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Elena Kagan

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Elena Kagan
NameElena Kagan
OfficeAssociate Justice of the Supreme Court of the United States
Appointing presidentBarack Obama
Term startAugust 7, 2010
PredecessorJohn Paul Stevens
Birth dateApril 28, 1960
Birth placeNew York City, New York
Alma materPrinceton University, Worcester College (Oxford), Harvard Law School

Elena Kagan is an Associate Justice of the Supreme Court of the United States, appointed in 2010 by President Barack Obama and confirmed by the United States Senate. Prior to her appointment, she served as Solicitor General of the United States and as Dean of Harvard Law School. Her career spans roles in the Clinton administration, academia, and federal litigation, with influence on administrative law, First Amendment doctrine, and appellate procedure.

Early life and education

Born in New York City, Kagan grew up in a household with parents involved in professional life in Manhattan and the Bronx. She attended Hunter College High School before matriculating at Princeton University, where she studied under scholars associated with the Woodrow Wilson School of Public and International Affairs and graduated summa cum laude. As a Rhodes Scholar, she read jurisprudence at Worcester College, Oxford, interacting with scholars connected to the Oxford Union and the wider University of Oxford community. Kagan later attended Harvard Law School, where she served as an editor of the Harvard Law Review and studied alongside contemporaries who later joined the United States Court of Appeals and the United States Department of Justice.

After law school, Kagan clerked for Judge Abner J. Mikva of the United States Court of Appeals for the District of Columbia Circuit and then for Justice Thurgood Marshall at the Supreme Court of the United States. She worked in the Clinton administration at the United States Department of Justice and in the Office of Policy Development at the White House. Transitioning to academia, she joined the faculty at Harvard Law School, where she taught subjects touching on the First Amendment, administrative procedure, and constitutional design. In 2003 she became the first female Dean of Harvard Law School, overseeing curricular changes, faculty hiring processes, and interactions with donors like the Bill & Melinda Gates Foundation and alumni who served in the United States Congress or at institutions such as the Brookings Institution and the Council on Foreign Relations.

Solicitor General of the United States

In 2009, President Barack Obama nominated Kagan to be Solicitor General. Confirmed by the United States Senate, she argued before the Supreme Court of the United States and supervised federal appellate litigation handled by the Office of the Solicitor General. Her tenure involved cases implicating the First Amendment and administrative-state disputes involving agencies like the Federal Communications Commission and the Securities and Exchange Commission. She coordinated with Deputy Solicitors and litigators who previously served at the American Civil Liberties Union, the United States Court of Appeals for the Second Circuit, and law firms such as WilmerHale and Gibson Dunn.

Nomination and confirmation to the Supreme Court

Following the retirement announcement of Justice John Paul Stevens, President Barack Obama nominated Kagan to the Supreme Court of the United States in 2010. The nomination prompted hearings before the Senate Judiciary Committee, chaired at times by Senators from both the Democratic Party and the Republican Party. Testimony touched on precedents like Brown v. Board of Education, New York Times Co. v. Sullivan, and the Administrative Procedure Act. The full United States Senate confirmed her by a bipartisan vote, and she took the judicial oath administered in the presence of justices such as John Roberts and Antonin Scalia.

Judicial philosophy and notable opinions

On the Court, Kagan has written and joined opinions addressing separation-of-powers disputes, administrative law, and the First Amendment. She has participated in landmark decisions that cite precedents like Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., District of Columbia v. Heller, and Citizens United v. Federal Election Commission. Her opinions often engage with doctrines articulated in cases from the United States Court of Appeals for the District of Columbia Circuit and the United States Court of Appeals for the Second Circuit, and she has collaborated with justices from across the ideological spectrum, including Sonia Sotomayor, Samuel Alito, and Stephen Breyer. Notable majority opinions, concurrences, and dissents penned by her demonstrate attention to statutory text, precedent from the Supreme Court of the United States, and practical impacts on institutions such as the Federal Trade Commission and the National Labor Relations Board.

Personal life and honors

Kagan is married to a legal professional with ties to academia and public service, and she maintains connections with alumni networks at Princeton University and Harvard Law School. Her honors include fellowships and awards from legal organizations such as the American Bar Association and recognition from institutions including the American Academy of Arts and Sciences. She has participated in lectures at venues like the American Constitution Society and the Aspen Institute, and her career has been covered by media outlets including The New York Times, The Washington Post, and The Wall Street Journal.

Category:Justices of the Supreme Court of the United States Category:Harvard Law School faculty Category:American Rhodes Scholars