2010-06-30 / Front Page

Thurgood Marshall's Influence Could Continue Through Kagan

By Marius Davis

Elena Kagan Elena Kagan Elena Kagan appeared before the U.S. Senate Judiciary Committee Monday to begin the hearings which will determine whether she will be confirmed as the next U.S. Supreme Court Justice. Committee members made note of the fact that Kagan lacks judicial experience.

Kagan was in private practice for only about two years before becoming a law school professor in 1991. In the 1980's, Kagan clerked for Judge Abner Mikva of the U.S. Court of Appeals for the District of Columbia and for Justice Thurgood Marshall in 1988.

Kagan’s life somewhat parallels that of Marshall. Like Marshall, Kagan was serving as Solicitor General when he was nominated to the U.S. Supreme Court to replace retiring justice Tom Clark.

Marshall served on the Court for the next twenty-four years, compiling a liberal record that included strong support for Constitutional protection of individual rights.

Kagan and Marshall seem to have consenting views on the judicial system, and rights as they relate to the people.

In 2003, Kagan became the first woman to be named Dean of Harvard Law School. In 2009, President Barack Obama nominated her to serve as Solicitor General. She was confirmed and continued blazing trails, becoming the first woman to hold the position. Kagan has gained great support following her nomination.

The National Association for the Advancement of Colored People (NAACP), has endorsed Kagan. “After a careful and thorough review of Elena Kagan's record, we have unanimously voted to endorse her nomination,” stated President and CEO Benjamin Todd Jealous. “During her tenure at the White House, Kagan worked on issues such as strengthening hate crimes legislation and civil rights enforcement. As a law school Dean, she worked to ensure a diverse student body and faculty. And as Solicitor General, Kagan has vigorously defended the nation's equal opportunity and civil rights laws. We look forward to actively supporting her nomination,” Jealous said. “It is no accident that during her tenure as dean of the Harvard Law School, the percentage of African American students rose from 9.3 percent to 11.6 percent. The percentage of Hispanics in the entering class was 6.4%, while it had been 4.6% prior to her becoming dean. The number of African American students admitted, particularly black men -- given the national decline in African American males in colleges and universities-- is impressive Her record demonstrates a legal scholar who clearly values the precept of equal opportunity as a right that is protected by our constitution.” Jealous said.

Upon nominating her, President Barack Obama said, " Kagan's understanding of the law, not as an intellectual exercise or words on a page, but as it affects the lives of ordinary people, has animated every step of Elena's career."

By all accounts, the hearings should be smooth, and Kagan should be confirmed. Kagan would replace Justice John Paul Stevens and would be the 112 justice to serve, and only the fourth woman.

Return to top

Post new comment

The content of this field is kept private and will not be shown publicly.
By submitting this form, you accept the Mollom privacy policy.