Saturday, April 10, 2010

ELENA KAGAN PROFILE SUPREME COURT POTENTIAL NOMINEE



Since Justice John Paul Stevens is retiring and going to leave the Supreme Court this summer,  among the potential nominees to replace Justice Steven's position is Solicitor General Elena Kagan, garnered strong and popular admiration from legal experts and spectators.

Solicitor General Elena Kagan has a long experienced in the government with a brilliant academic background however, lacks judicial experience to share her legal philosophy. 

Kagan, 49, is the first female lawyer to serve as U.S. Solicitor General, a  prosecution subsidiary to represent the federal government in any legal proceedings before the Supreme Court.  Prior to this appointment, she was an Associate Counsel to the President and a Domestic Policy Adviser in the Clinton Administration for four years. 

During the 2009 confirmation hearing for her appointment as Solicitor General, Kagan often endorsed the legal concept of stare decisis, requiring that courts should pay deference to past decisions that have become settled law, a doctrine embraced by opponents of judicial activism.

SG Elena Kagan is a native of New York and a graduate of Princeton University, Oxford and Harvard Law School.  She became a Clerk of  Court of Judge Abner Mikva of the U.S. Court of Appeals for the D.C. Circuit and Supreme Court Justice Thurgood Marshall. She also became an Associate of the Williams & Connolly Law Firm for two years.

In 1999 she was nominated to the U.S. Court of Appeals for the District of Columbia by President Clinton but said nomination was derailed when the Senate Judiciary Committee's Chairman, Sen. Orrin Hatch, R-Utah, delayed a hearing in hopes that a Republican would win the presidency in 2000 and appoint a Republican nominee.

As an expert in Presidential Administration, in 2003 she was the first woman to be appointed as Dean of Harvard Law School who was also a lecturer in Constitutional and Administrative Law including Civil Procedure. During her stay in Harvard Law School, she was a consensus builder who recruited high-profile faculty members.

Her popular controversy was in 2004 banning military recruiters to  access campus facilities to protest "Don't Ask, Don't Tell" Policy, Banning Gay and Lesbian Soldiers from Serving the U.S. Military." Two years later said ban had been reversed when a Supreme Court decision left the school at risk of losing federal funding.

A member of the Senate Judiciary Committee asked her about the recent Supreme Court ruling in Heller vs. D.C., where the court in its Second Amendment  ruled 5-4 granting individuals the right to bear arms. 

Kagan said she would have full respect to the rulings of the Court.

"If I am confirmed, I will commit to show Heller and the principles articulated in it the full measure of respect that is due to all constitution decisions of the court." she said. 

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