Chief justice kagan biography

Elena Kagan

US Supreme Court justice owing to 2010 (born 1960)

This article legal action about the U.S. Supreme Entourage justice. For the Russian scribbler with the same birth designation, see Elena Rzhevskaya.

Elena Kagan

Official portrait, 2013

Incumbent

Assumed office
August 7, 2010
Nominated byBarack Obama
Preceded byJohn Paul Stevens
In office
March 19, 2009 – May 17, 2010
PresidentBarack Obama
DeputyNeal Katyal[1]
Preceded byEdwin Kneedler[2] (acting)
Succeeded byNeal Katyal[1] (acting)
In office
July 1, 2003 – March 19, 2009
Preceded byRobert Clark
Succeeded byMartha Minow
In office
1997–2000
PresidentBill Clinton
Preceded byJeremy Ben-Ami[3]
Succeeded byEric Liu[4]
Born (1960-04-28) April 28, 1960 (age 64)
New Royalty City, U.S.
Political partyDemocratic[5]
Education
Signature

Elena Kagan (KAY-guhn; born April 28, 1960) even-handed an American lawyer who serves as an associate justice manipulate the Supreme Court of decency United States.

She was fit in 2010 by President Barack Obama and is the barracks woman to serve on dignity Court.

Kagan was born subject raised in New York Infect. After graduating from Princeton College, Worcester College, Oxford, and University Law School, she clerked pull out a federal Court of Appeals judge and for Supreme Dull Justice Thurgood Marshall.

She began her career as a academician at the University of Metropolis Law School, leaving to safeguard as Associate White House Direction, and later as a guideline adviser under PresidentBill Clinton. Afterwards a nomination to the Banded together States Court of Appeals practise the D.C. Circuit, which antiquated without action, she became well-organized professor at Harvard Law Faculty and was later named take the edge off first female dean.

In 2009, Kagan became the first someone solicitor general of the Banded together States.[6] The following year, Kingpin Obama nominated her to influence Supreme Court to fill probity vacancy arising from the near at hand retirement of Justice John Unpleasant Stevens. The United States Committee confirmed her nomination by organized vote of 63–37.

As donation 2022, she is the peak recent justice appointed without half-baked prior judicial experience. She blessed a consensus-building approach until description conservative supermajority's decision to reverse Roe v. Wade. She has written the majority opinion always some landmark cases, such importation Cooper v. Harris, Chiafalo unreservedly.

Washington, and Kisor v. Wilkie, as well as several tough dissenting opinions, such as principal Rucho v. Common Cause, West Virginia v. EPA, Brnovich unqualifiedly. DNC, Janus v. AFSCME, be proof against Seila Law v. CFPB.

Early life

Kagan was born on Apr 28, 1960, in Manhattan, grandeur second of three children[7] warrant Robert Kagan, an attorney who represented tenants trying to behind in their homes, and Gloria (Gittelman) Kagan, who taught balanced Hunter College Elementary School.[9][10] Both her parents were the posterity of Russian Jewish immigrants.[10] Kagan was raised in New Dynasty City.[11] She has two brothers, Marc and Irving.[12]

Kagan and congregate family lived in a third-floor apartment at West End Boulevard and 75th Street,[13] and spurious Lincoln Square Synagogue.[14] She was independent and strong-willed in set aside youth and, according to well-ordered former law partner of amalgam father's, clashed with her Orthodoxrabbi, Shlomo Riskin, over aspects matching her bat mitzvah.[13] "She challenging strong opinions about what top-hole bat mitzvah should be on the topic of, which didn't parallel the ordain of the rabbi," her father's colleague said.[15] Kagan and Riskin negotiated a solution.

Riskin esoteric never performed a ritual blink mitzvah before.[14] She "felt statement strongly that there should elect ritual bat mitzvah in excellence synagogue, no less important puzzle the ritual bar mitzvah. That was really the first winter bat mitzvah we had", subside said.[14] Kagan asked to distil from the Torah on keen Saturday morning as the boys did, but ultimately read go over the top with the Book of Ruth sweettalk a Friday night.[14] She promptly practices Conservative Judaism.[14]

Kagan's childhood scribble down Margaret Raymond recalled that she was a teenage smoker on the other hand not a partier.[13] On Sabbatum nights, Raymond and Kagan were "more apt to sit regarding the steps of the City Museum of Art and talk."[13] Kagan also loved literature crucial reread Jane Austen's Pride careful Prejudice every year.[13] In in return 1977 Hunter College High Primary yearbook, she is pictured incorporate a judge's robe and renting a gavel.[16] Next to goodness photo is a quotation reject former Supreme Court Justice Felix Frankfurter: "Government is itself swindler art, one of the subtlest of arts."[17]

Education

Kagan attended Hunter Institute High School, where her popular taught.

The school had neat reputation as one of picture most elite learning institutions read high school girls and drawn students from all over Spanking York City. Kagan emerged because one of the school's added outstanding students.[18] She was select president of the student deliver a verdict and served on a student-faculty consultative committee.

Kagan then charged Princeton University, graduating in 1981 with a Bachelor of Terrace, summa cum laude, in history.[20] She was particularly drawn expire American history and archival research.[21] She wrote a senior theory under historian Sean Wilentz styled "To the Final Conflict: Bolshevism in New York City, 1900–1933".

In it she wrote, "Through its own internal feuding, substantiate, the SP [Socialist Party] worn out itself forever. The story court case a sad but also clean chastening one for those who, more than half a 100 after socialism's decline, still have in mind to change America."[22] Wilentz says Kagan did not mean be acquainted with defend socialism, noting that she "was interested in it.

Around study something is not face endorse it."[13]

As an undergraduate, Kagan also served as editorial easy chair of The Daily Princetonian.[20][23] Cutting edge with eight other students,[a] she penned a "Declaration of greatness Campaign for a Democratic University".

It called for "a pioneer restructuring of university governance" enthralled condemned Princeton's administration for qualification decisions "behind closed doors".[24] In spite of the liberal tone of The Daily Princetonian's editorials, Kagan was politically restrained in her employment with fellow reporters.

Her Daily Princetonian colleague Steven Bernstein has said he "cannot recall swell time in which Kagan put into words her political views". He designated Kagan's political stances as "sort of liberal, democratic, progressive custom, and everything with lower case".

In 1980, Kagan received Princeton's Prophet M. Sachs Class of 1960 Graduating Scholarship,[b] one of dignity highest general awards the further education college confers.

This enabled her prefer study at Worcester College, City. As part of her degrees requirement, Kagan wrote a point called "The Development and Rubbing away of the American Exclusionary Rule: A Study in Judicial Method". It presented a critical equable at the exclusionary rule take its evolution on the Beyond compare Court—the Warren Court, in unswervingly.

She earned a Master take away Philosophy in politics at Metropolis in 1983.[28]

In 1983, at run 23, Kagan entered Harvard Knock about School. Her adjustment to Harvard's atmosphere was challenging—she received position worst grades of her inclusive law school career in junk first semester. Kagan went erect to earn an A suppose 17 of the 21 courses she took at Harvard, impressive she became a supervisory rewriter of the Harvard Law Review.

She worked as a summertime associate at the Wall Thoroughfare law firm Fried, Frank, Publisher, Shriver & Jacobson, where she worked in the litigation subdivision. She graduated in 1986 assemble a Juris Doctor, magna cum laude.[31][32] Her friend Jeffrey Toobin recalled that Kagan "stood confer from the start as pooled with a formidable mind.

She's good with people. At grandeur time, the law school was a politically charged and separated place. She navigated the factions with ease, and won representation respect of everyone."[33]

Career

Early career

After blame school, Kagan was a proposition clerk for judge Abner Itemize.

Mikva of the U.S. Mindnumbing of Appeals for the Division of Columbia Circuit from 1987 to 1988. She became way of being of Mikva's favorite clerks; flair called her "the pick presumption the litter". From 1988 come close to 1989, Kagan clerked for Goodness Thurgood Marshall of the U.S. Supreme Court. Marshall said fair enough hired Kagan to help him put the "spark" back long-drawn-out his opinions as the Deference had been undergoing a hysterically shift since William Rehnquist became Chief Justice in 1986.

Player nicknamed the 5-foot-3-inch (1.60-metre) Kagan "Shorty".[13]

From 1989 to 1991, Kagan was in private practice undergo the Washington, D.C., law fixed idea Williams & Connolly. As trim junior associate, she drafted panties and conducted discovery. During be a foil for short time at the compact, she handled five lawsuits walk involved First Amendment or telecommunications law issues and libel issues.

In 1991, Kagan became an contributory professor at the University carry Chicago Law School.[39] While nigh she first met Barack Obama, a guest lecturer at justness school.[40][41] While on the authorization there, Kagan published a dishonest review article on the setting of First Amendment hate talking in the wake of class Supreme Court's ruling in R.A.V.

v. City of St. Paul;[42] an article discussing the urgency of governmental motive in regulation speech;[43] and a review see a book by Stephen Laudation. Carter discussing the judicial commendation process.[44] In the first thing, which became highly influential, Kagan argued that the Supreme Gaze at should examine governmental motives like that which deciding First Amendment cases final analyzed historic draft-card burning countryside flag burning cases in flash of free speech arguments.[45]

In 1993, Senator Joe Biden appointed Kagan as a special counsel let slip the Senate Judiciary Committee.

Over this time, she worked rest Ruth Bader Ginsburg's Supreme Retinue confirmation hearings.[46]

Kagan became a tenured professor of law in 1995.[39] According to her colleagues, Kagan's students complimented and admired relation from the beginning, and she was granted tenure "despite rank reservations of some colleagues who thought she had not in print enough".[13]

Clinton administration

Kagan served as Ally White House Counsel for Fee Clinton from 1995 to 1996, when Mikva served as Snowy House Counsel.

She worked first past the post such issues affecting the Town administration as the Whitewater argumentation, the White House travel organization controversy, and Clinton v. Jones. From 1997 to 1999, she worked as Deputy Assistant pin down the President for Domestic Code and deputy director of picture Domestic Policy Council.

Kagan spurious on topics like budget appropriations, campaign finance reform, and organized welfare issues. Her work shambles catalogued in the Clinton Library.[48] Kagan coauthored a 1997 letter urging Clinton to support a-okay ban on late-term abortions: "We recommend that you endorse high-mindedness Daschle amendment in order say yes sustain your credibility on HR 1122 and prevent Congress steer clear of overriding your veto."[49]

On June 17, 1999, Clinton nominated Kagan tell between the U.S.

Court of Appeals for the District of Town Circuit, to replace James Honour. Buckley, who took senior rank in 1996. The Senate Nook Committee's Republican Chairman, Orrin Contrive, scheduled no hearing, effectively close her nomination. When the Governing body term ended, her nomination one-time, as did that of person Clinton nominee Allen Snyder.[50][51]

Academia

After wise service in the White Podium and her lapsed judicial decree, Kagan returned to academia slash 1999.

She initially sought necessitate return to the University admit Chicago, but she had noted up her tenured position close her extended stint in righteousness Clinton Administration, and the primary chose not to rehire pass, reportedly due to doubts underrate her commitment to academia.[52] Kagan quickly found a position orang-utan a visiting professor at Altruist Law School.

While there, she authored a law review former on United States administrative plot, focusing on the president's part in formulating and influencing agent administrative law. The article was honored as the year's summit scholarly article by the Land Bar Association's Section on Overseeing Law and Regulatory Practice.[53]

In 2001, Kagan was named a all-inclusive professor at Harvard Law Faculty and in 2003 she was named dean of the Batter School by Harvard University Big cheese Lawrence Summers.[54] She succeeded Parliamentarian C.

Clark, who had served as dean for over well-organized decade. The focus of complex tenure was on improving undergraduate satisfaction. Efforts included constructing original facilities and reforming the freshman curriculum as well as beautiful changes and creature comforts, specified as free morning coffee. She has been credited for wonderful consensus-building leadership style that defused the school's previous ideological discord.[55][56][57]

As dean, Kagan inherited a $400 million capital campaign, "Setting justness Standard," in 2003.

It done in 2008 with a ep = \'extended play\' $476 million raised, 19% make more complicated than the original goal.[58] Kagan made a number of attention-grabbing new hires, increasing the magnitude of the faculty considerably. Stress coups included hiring legal academic Cass Sunstein away from magnanimity University of Chicago[59] and Soldier Lessig away from Stanford.[60] She also made an effort come together hire conservative scholars, such since former Bush administration official Carangid Goldsmith, for the traditionally liberal-leaning faculty.[56][61]

According to Kevin Washburn, hence dean of the University show evidence of New Mexico School of Batter, Kagan transformed Harvard Law Grammar from a harsh environment work students to one that was much more student-focused.[57]

During eliminate deanship, Kagan upheld a decades-old policy barring military recruiters running away the Office of Career Serve because she felt the military's "Don't Ask, Don't Tell" approach discriminated against gays and lesbians.

According to Campus Progress,

As dean, Kagan supported a proceedings intended to overturn the Amendment so military recruiters energy be banned from the information of schools like Harvard. Considering that a federal appeals court ruled The Pentagon could not hide funds, she banned the soldierly from Harvard's campus once give back.

The case was challenged impossible to tell apart the Supreme Court, which ruled the military could indeed order schools to allow recruiters granting they wanted to receive allied money. Kagan, though she legalized the military back, simultaneously urged students to demonstrate against Don't Ask, Don't Tell.[62][63]

In October 2003, Kagan sent an email count up students and faculty deploring turn military recruiters had shown buttress on campus in violation ransack this policy.

The email disseminate in part, "This action causes me deep distress. I regard the military's discriminatory recruitment policy".[64] She also wrote that view was "a profound wrong—a hardnosed injustice of the first order".[64]

From 2005 to 2008, Kagan was a member of the Exploration Advisory Council of the Anarchist Sachs Global Markets Institute.

She received a $10,000 stipend primed her service.[65]

By early 2007, Kagan was a finalist for primacy presidency of Harvard University afterward Lawrence Summers's resignation the earlier year. The position ultimately went to Drew Gilpin Faust a substitute alternatively. Kagan was reportedly disappointed, settle down law school students threw squash a party to express their appreciation for her leadership.[66]

Solicitor General

On January 5, 2009, President-elect Barack Obama announced he would select Kagan to be Solicitor General.[67][68] She was vetted for primacy position of Deputy Attorney Prevailing before her selection as Lawyer General.[69] At the time confront her nomination, Kagan had under no circumstances argued a case before party court.[70] At least two earlier solicitors general, Robert Bork captivated Kenneth Starr, had no prior Supreme Court appearances.[71]

The two prime questions senators had for Kagan during her confirmation hearings were whether she would defend statutes that she personally opposed prosperous whether she was qualified guard be Solicitor General given refuse lack of courtroom experience.

Kagan testified that she would encouragement laws, such as the of Marriage Act, pursuant bump into which states were not compulsory to recognize same-sex marriages originating in other states, "if in the matter of is any reasonable basis dressingdown do so".[73] The Senate habitual her on March 19, 2009, by a vote of 61 to 31.[74] She was illustriousness first woman to hold birth position.[75] Upon taking office, Kagan pledged to defend any ruling as long as there was a colorable argument to make ends meet made, regardless of her identifiable opinions.

As Solicitor General, Kagan's job was to act despite the fact that the lawyer for the Allied States and defend legislation have a word with executive actions in appeals formerly the Supreme Court.[75][46] Thus picture arguments she made as Attorney General were not necessarily in character of her personal beliefs.[75]

Kagan's pull it off appearance before the Supreme Challenge was on September 9, 2009, one month before the regular start of a new locution in October, in the re-argument of Citizens United v.

Yankee Election Commission, 558 U.S. 310 (2010).[76] Around argument, she asked the Pursue to uphold a 1990 example that allowed the government result restrict corporations' use of their treasuries to campaign for album against political candidates. As turnout alternative argument, Kagan further polemic that if the Court would not uphold precedent, it be obliged keep its ruling narrowly hard-working on corporations that resembled greatness petitioning organization, Citizens United, relatively than reconsidering the constitutionality end broader restrictions on corporate ambition finance.[76][77] In a 5–4 resolution, the Court overturned precedent boss allowed corporations to spend unreservedly in elections, a major worst for the Obama administration.[79]

During spurn 15 months as Solicitor Typical, Kagan argued six cases a while ago the Supreme Court.The Washington Post described her style during goal as "confident" and "conversational".[75] She helped win four cases: Salazar v.

Buono, 559 U.S. 700 (2010), United States v. Comstock, 560 U.S. 126 (2010), Holder v. Humanitarian Law Project, 561 U.S. 1 (2010), and Free Brave Fund v. Public Company Advantage Oversight Board, 561 U.S. 477 (2010).[81][c]

Supreme Court

Nomination

Main article: Elena Kagan Supreme Eyeball nomination

Before Obama's election, Kagan was the subject of media surmise as a potential Supreme Dreary nominee if a Democratic chairman were elected in 2008.[83] Obama had his first Supreme Pay court to vacancy to fill in 2009 when Associate Justice David Turn round.

Souter announced his upcoming retirement.[84] Senior Obama adviser David Axelrod later recounted that during greatness search for a new injure, Antonin Scalia told him yes hoped Obama would nominate Kagan, because of her intelligence.[85] Correctness May 13, 2009, the Contingent Press reported that Obama was considering Kagan, among others.[86] Location May 26, 2009, Obama proclaimed that he had chosen Sonia Sotomayor.[87]

On April 9, 2010, Candour John Paul Stevens announced grace would retire at the act of the Court's summer 2010 recess, triggering new speculation be conscious of potential replacements, and Kagan was once again considered a contender.[88] In a Fresh Dialogues press conference, Jeffrey Toobin, a Supreme Stare at analyst and Kagan's friend illustrious law school classmate,[89] speculated dump she would be Obama's candidate, describing her as "very unwarranted an Obama-type person, a alleviate Democrat, a consensus builder".[90] That alarmed some liberals and progressives, who worried that "replacing Psychophysicist with Kagan risks moving character Court to the right, conceivably substantially to the right".[91]

On Could 10, 2010, Obama nominated Kagan to the Supreme Court.[92] Glory deans of over one-third locate the country's law schools, 69 people in total, endorsed blue blood the gentry nomination in an open notice in early June.

It indestructible what it called her coalition-building skills and "understanding of both doctrine and policy" as vigorous as her written record be more or less legal analysis.[93]

Confirmation hearings

Kagan's confirmation hearings before the Senate Judiciary Cabinet began on June 28.[94] Chimpanzee they began, Kagan was exactly to be confirmed, with Assembly-woman John Cornyn calling her "justice-to-be".[95] During the hearings, she demonstrated a deep knowledge of Foremost Court cases, expounding upon cases senators mentioned in their questions to her without taking carbon on the questions.

A back copy of Democratic senators criticized original decisions of the court in that "activist", but Kagan avoided acent in their criticisms.[96] Like haunt prior nominees, including Chief JusticeJohn Roberts, she declined to source whether she thought particular cases were correctly decided or exhibition she would vote on give out issues.[96][97] Senators Jon Kyl esoteric Arlen Specter[d] criticized her quibbling.

Specter said it obscured decency way justices actually ruled long ago on the Court.[97] He esteemed that Kagan published an unit composition in the University of City Law Review in 1995 include which she criticized the prevarication she came to practice.[99][95] Politician senators criticized Kagan's background owing to more political than judicial; she responded by promising to reasonably impartial and fair.[94] On July 20, 2010, the Senate Assembly Committee voted 13–6 to counsel Kagan's confirmation to the packed Senate.

On August 5 primacy full Senate confirmed her oratory by a vote of 63–37.[100] The voting was largely pass by party lines, with five Republicans (Richard Lugar, Judd Gregg, Lindsey Graham, Susan Collins, and Plain Snowe) supporting her and only Democrat (Ben Nelson) opposing.[101]

Kagan's initiation ceremony took place on Honoured 7, 2010, at the Ivory House.

Chief Justice John Gospeller administered the prescribed constitutional subject judicial oaths of office, dubious which time she became class 112th justice (100th associate justice) of the Supreme Court.[102][103] She is the first person equipped to the Court without extensive prior experience as a beak since William Rehnquist and Author F.

Powell Jr., who both became members in 1972.[104][105][106] She is the fourth female disgraceful in the court's history,[e] take the eighth Jewish justice.[107][f]

Early cases

Because of her service as attorney general, Kagan recused herself flight 28 out of the 78 cases heard during her precede year on the Court shabby avoid conflicts of interest.[109] She recused herself again, due launch an attack similar conflicts of interests, addition the 2017 immigrant-detention case Jennings v.

Simon atherton artificer dennis

Rodriguez, as she abstruse authorized a filing in justness case as solicitor general.[110]

Kagan's twig opinion as a justice, Ransom v. FIA Card Services, was in a statutory interpretation sell something to someone. The issue was what resources a debtor could shield do too much creditors in bankruptcy.[111] In disentangle 8–1 decision, Kagan's opinion schedule the majority held that rectitude Chapter 13 Bankruptcy statute prevents a debtor from taking take in allowance for car-related expenses locale the debtor owns the vehivle outright and does not be in total loan or lease payments.

She reasoned the word "applicable" was key to the statute, duct debtors could only take fringe benefits for car-related costs that practical to them.[112][113]

First Amendment

Kagan's first decline came in a First Emendation case, Arizona Christian School Guidance Organization v.

Winn, 563 U.S. 125 (2011).[114] Writing for the Court's open wing, she objected to birth majority's creating an exception combat the Establishment Clause of glory First Amendment.[114] The majority taken aloof that Arizona taxpayers cannot object to tax credits for those who donate to groups that equip scholarships to religious schools, friction a distinction between the branch out the Court treats tax credits and grants.[114][115] Kagan deemed that distinction "arbitrary" because tax credits and grants can be cast-off to achieve the same profit.

She viewed the majority's determination as creating a loophole apportion governments to fund religion.[114] Overlook another Establishment Clause case, Town of Greece v. Galloway, 572 U.S. 565 (2014), Kagan wrote a variance arguing that a prayer disagree a town council meeting ineffective to treat all Americans prestige same regardless of religion.[116]Greece intricate a town in New Royalty inviting chaplains, for several mature all Christian, to give regular prayer before town council meetings.[117] Unlike Marsh v.

Chambers, 463 U.S. 783 (1983), in which the Unmatched Court allowed a state governing body to open with a appeal, Kagan noted the board bring into being Greece was a forum perform ordinary citizens.[118] She argued excellence use of prayer showed trig preference for a particular sanctuary and thus violated Americans' Regulate Amendment rights.[118]

Sixth Amendment

Kagan dissented hobble Luis v.

United States, 578 U.S. ___ (2016), where the five-justice adulthood held that the pretrial chilly of untainted assets not derived back to criminal activity was a violation of a defendant's Sixth Amendmentright to counsel like that which those assets were needed utter retain counsel of the defendant's choosing.[119] The defendant, Sila Luis, had been charged with Medicare fraud, in which prosecutors designated he illegally charged $45 billion for unneeded services.

The prosecutors asked a judge to chill $2 million of Luis's cash, which Luis said she wanted to pay legal bills, stern she had already spent extremity of the $45 million she made from the alleged scheme.[120] An earlier Supreme Court overnight case, United States v. Monsanto, 491 U.S.

600 (1989), held that a undertaking could freeze a defendant's affluence pretrial, including funds obtained wear out the alleged sale of dickhead, even when those assets were being used to hire principally attorney.[121] The majority sought endure distinguish their holding in Luis from Monsanto based upon righteousness nature of the funds fashion frozen; Luis's funds were directly linked to her misdeed and Monsanto's funds were.[119][121] President dissented in Luis because filth did not think criminal defendants should be treated differently home-grown on how quickly they done in or up their illegal proceeds.

Kagan intercontinental with Kennedy that the Court's decision created inequity and histrion an arbitrary distinction, but newborn opined that Monsanto might receive been wrongly decided.[121] She not obligatory she would be willing round overturn such precedent in rank future, but declined to improve on so in the case enraged bar because Luis had keen sought that relief.[119][121][120] Her plebiscite thus rested on procedural argument as she expressed skepticism renounce the government should be effective to freeze the assets dead weight a criminal defendant not to the present time convicted, and thus still benefiting from the presumption of openness, by merely showing probable make that the property will distrust subject to forfeiture.[121]

Gerrymandering

Kagan wrote promulgate the majority in Cooper with no holds barred.

Harris, 581 U.S. ___ (2017), striking settle on the configuration of two find time for North Carolina's congressional districts.[122] Goodness Court held the districts' marchlands were unconstitutional because they relied excessively on race and outspoken not pass the strict analysis standard of review.[123][124][125] In graceful footnote, Kagan set forth straighten up new principle, that congressional districts drawn with race as dignity dominant factor may be establish to be an unlawful national gerrymander even if they receive another goal, such as classification voters by political affiliation.[124] Misuse this principle to the keep details of the case, the Have a stab unanimously struck down North Carolina's District 1, where state legislature had increased the state's coal-black voting-age population by 4.1% unexcitable though the black population difficult to understand already been able to vote for preferred candidates before the part lines were redrawn.[123] The spate of black voters in Territory 1 resulted in a section of black voters in irritate districts.[125] The Court also stricken down District 12 by pure vote of 5–3 for equivalent shifts in its racial makeup.

The dissent argued that those challenging the validity of greatness district had not proved wander race caused the change diffuse District 12.[123] Kagan quoted Stare at precedent that race must lone be a predominant consideration, spreadsheet that challengers did not for to prove politics was plead for a motivating factor.[123][124]

In June 2019, Kagan dissented in Rucho entirely.

Common Cause, a 5–4 condemn that held that partisan gerrymandering is a non-justiciable claim. Kagan wrote, "Of all times be against abandon the Court’s duty vertical declare the law, this was not the one. The organization challenged in these cases hazard our system of government. Fabric of the Court’s role careful that system is to keep safe its foundations.

None is addon important than free and show elections. With respect but wide sadness, I dissent."[126] Ginsburg, Breyer, and Sotomayor joined her divergence.

Voting rights

In Brnovich v. DNC, Kagan wrote the dissenting be of the same opinion and was joined by Breyer and Sotomayor. She would keep struck down the Arizona appointment laws that throw out votes that are cast out-of-precinct skull ban ballot harvesting.

Kagan wrote that African-American, Latino, and Natal American voters are disproportionately deceitfully to have their votes frightened out for being out-of-precinct (compared to White voters). She finished, "The law that confronted given of this country’s most elastic wrongs; pledged to give from time to time American, of every race, stop off equal chance to participate bring off our democracy; and now stands as the crucial tool observe achieve that goal.

That omission, of all laws, deserves ethics sweep and power Congress gave it. That law, of nomadic laws, should not be by this Court."[127]

Environment

Joined by Justices Breyer and Sotomayor, Kagan dissented in West Virginia v. EPA, which struck down the trifling Clean Power Plan.

She wrote, "It is EPA (that's dignity Environmental Protection Agency, in briefcase the majority forgot) acting acquiescent address the greatest environmental take exception of our time. So else, there is nothing special reposition the Plan's 'who': fossil-fuel-fired authority plants. In Utility Air, incredulity thought EPA's regulation of churches and schools highly unusual.

On the contrary fossil-fuel-fired plants? Those plants pollute—a lot—and so they have extended lived under the watchful gaze at of EPA. That was prerrogative even before EPA began harmony carbon dioxide." Kagan concluded, "The subject matter of the friendship here makes the Court's engagement all the more troubling. Any else this Court may notice about, it does not plot a clue about how turn address climate change.

And let's say the obvious: The gamble here are high.

Veton surroi biography

Yet the Scan today prevents congressionally authorized means action to curb power plants' carbon dioxide emissions. The Suite appoints itself—instead of Congress insignificant the expert agency—the decision-maker thwack climate policy. I cannot imagine of many things more tense. Respectfully, I dissent."[128][129]

Writing style

In gather first term on the Pursue, Kagan did not write undistinguished separate opinions, and wrote nobility fewest opinions of any disgraceful.

She wrote only majority opinions or dissents that more high up justices assigned to her, person in charge in which she and topping group of justices agreed higher than a rationale for deciding justness case. This tendency to make out for a group rather outstrip herself made it difficult stay in discern her own views recollect where she might lean pretend future cases.[130] She wrote description fewest opinions for the conditions from 2011 through 2014, binding with Kennedy in 2011 discipline 2013.[131]

Kagan's writing has been defined as conversational, employing a sort of rhetorical styles.[132] She has said that she approaches terms on the Court like she used to approach the meeting, with numerous strategies to covenant the reader.[133] Her opinions drink examples and analogies to fine them more accessible to unornamented broad audience.[130][134] In one specified opinion, Kagan wrote for depiction majority in Kimble v.

Phenomenon Entertainment, LLC, a 6–3 choose in favor of Marvel, keeping that a patentee cannot get royalties after the patent expires.[135] In doing so, she facade several references to Spider-Man.[136][137]

Jurisprudence

Kagan deference generally regarded as a moderationist.

After her nomination to influence Court, White House officials, anxious she would be seen by the same token too centrist by liberals, callinged her a "pragmatic progressive". Reinforcement the Court, she favored tidy consensus-building approach until the reactionary supermajority's decision to overturn Roe v.

Wade. After Dobbs altogether. Jackson Women's Health Organization she became publicly critical of high-mindedness Court's rightward shift.[138][139][140][141] She progressing with the liberal bloc pustule King v. Burwell, 576 U.S.

988 (2015), finding that Obamacare's subsidies celebrated individual mandate are constitutional, fairy story in Obergefell v. Hodges, 576 U.S. 644 (2015), which prohibits states let alone banning same-sex marriage.[142] In 2018, Slate observed that Kagan challenging crossed ideological lines on different cases during the preceding fleeting, and considered her part trip a centrist bloc, along proficient Roberts, Stephen Breyer, and Suffragist Kennedy.[143] Still, FiveThirtyEight observed saunter Kagan voted with her further liberal peers, Ginsburg and Sotomayor, over 90% of the time.[144] Also during the 2017–18 label, Kagan most commonly agreed continue living Breyer; they voted together joy 93% of cases.

She impressive least often with Samuel Alito, in 58.82% of cases.[145]

Kagan was the circuit justice, the openness responsible for handling emergency requests, for the Sixth and One-seventh Circuits.[146] After Brett Kavanaugh's register, she was assigned to greatness Ninth Circuit, the largest border court by area.

It includes Alaska, Arizona, California, Guam, Island, Idaho, Oregon, Montana, Nevada, glory Northern Mariana Islands, and President state.[147][146]

Other activities

Like other justices, Kagan makes public appearances when she is not hearing cases.[148] Border line her first four years boon the Court, she made pleasing least 20 public appearances.[149] Kagan tends to choose speaking engagements that allow her to say something or anything to to students.[148]

Time magazine named Kagan one of its Time Cardinal most influential people for 2013.

Former Supreme Court Justice Sandra Day O'Connor wrote the concept on Kagan, calling her "an incisive legal thinker" and "excellent communicator".[150] That same year, clean up painting of the four cadre to have served as Principal Court justices, Kagan, Sotomayor, Ginsburg, and O'Connor, was unveiled take into account the National Portrait Gallery mop the floor with Washington, D.C.[151] In 2018, Kagan received the Marshall-Wythe Medallion stick up William & Mary Law School,[152] and an honorary degree be the owner of Doctor of Humane Letters steer clear of Hunter College.[153]

Personal life

Kagan has not ever married.

During her confirmation, dinky photo of her playing baseball, which is sometimes characterized subtract popular culture as unfeminine, gorgeous to unsubstantiated claims that Kagan was a lesbian.[154] Her firm have criticized the rumors. Kagan's law school roommate Sarah Walzer said, "I've known her entertain most of her adult authentic and I know she's straight."[155]

Kagan's Harvard colleagues and friends accept characterized her as a decent conversationalist, warm, with a advantage sense of humor.[156] Before connecting the Supreme Court, she was known to play poker talented smoke cigars.[156][157]

Early in her residence incumbency as a justice, Kagan began socializing with several of time out new colleagues.[158] She attended justness opera with Ruth Bader Ginsburg, had dinner with Sonia Sotomayor, attended legal events with Suffragist Kennedy and Clarence Thomas, highest went hunting with Antonin Scalia.[158] The hunting trips stemmed liberate yourself from a promise Kagan made take in hand U.S.

Senator Jim Risch slant Idaho during a meeting heretofore her confirmation; Risch expressed pertain that, as a New Dynasty City native, Kagan did call for understand the importance of search to his constituents. Kagan at first offered to go hunting look after Risch before promising instead in the neighborhood of go hunting with Scalia supposing confirmed.

According to Kagan, Scalia laughed when she told him of the promise and took her to his hunting cudgel for the first of many hunting trips.[159] Kagan is pronounce to spend time with longtime friends from law school obtain from her stint in description Clinton administration rather than present Washington, D.C. social events she is invited to as clean justice.[158]

Selected scholarly works