Kagan's Nomination for Supreme Court Seat Is Likely Prospect

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(Photo Credit: Harvard Law Bulletin)


In the face of Justice John Paul Stevens’ impending retirement, the nomination of former Harvard Law School Dean Elena Kagan for the open seat on the Supreme Court has become a likely prospect.

If she is selected as President Barack Obama’s nominee, Kagan—who currently serves as the nation’s first female Solicitor General—will face a number of challenges on the road toward confirmation, including her lack of experience as a judge, her religious background, and her stance on the military.

Kagan’s experience in academia rather than in the courtroom may be a significant obstacle in her confirmation, according to Law School Professor Mark V. Tushnet ’67.

Historically, a significant number of Supreme Court Justices had not been judges before their confirmations, but the last 30 years have seen a sharp trend of nominating current appellate court judges.

Kagan’s religious affiliation may also impede her nomination. Justice Stevens is the Court’s only Protestant, and if Kagan, who is Jewish, were appointed, the court would be composed of six Catholics and three Jews.

http://www.thecrimson.com/article/2010/4/8/tushnet-court-kagan-solicitor/

[DURHAM D]

1. I'm ok with the fact she is Jewish. Just don't want any more RCs. nt