Jump to content

Elena Kagan Supreme Court nomination

From Wikipedia, the free encyclopedia
Elena Kagan Supreme Court nomination
Kagan with President Obama and then-Vice President Joe Biden at the announcement of the nomination in the East Room of the White House
NomineeElena Kagan
Nominated byBarack Obama (president of the United States)
SucceedingJohn Paul Stevens (associate justice)
Date nominatedMay 10, 2010
Date confirmedAugust 5, 2010
OutcomeApproved by the U.S. Senate
Vote of the Senate Judiciary Committee
Votes in favor13
Votes against6
ResultReported favorably
Senate confirmation vote
Votes in favor63
Votes against37
ResultConfirmed

On May 10, 2010, President Barack Obama announced his selection of Elena Kagan for Associate Justice of the Supreme Court of the United States, to replace retiring Justice John Paul Stevens. Kagan's nomination was confirmed by a 63–37 vote of the United States Senate on August 5, 2010. When nominated, Kagan was Solicitor General of the United States, a position to which Obama had appointed her in March 2009. Kagan was the first Supreme Court nominee since Sandra Day O'Connor in 1981 to not be a sitting circuit court judge and the most recent such nominee as of 2023. She was the first Supreme Court nominee since William Rehnquist and Lewis F. Powell Jr. in 1971[note 1] to not be a sitting judge on any court.

Nomination

[edit]

Potential candidates

[edit]

On April 9, 2010, John Paul Stevens announced that he would retire from the Supreme Court on June 29, at the start of Court's summer 2010 recess. He had served as an associate justice for 34 years.[1] Those considered front-runners for the nomination by press reports, in addition to Elena Kagan, were Diane Wood and Merrick Garland.[2] Kagan had also been a finalist for the Court vacancy one year earlier, when Justice Sonia Sotomayor was selected to succeed the retiring David Souter.[3]

Announcement

[edit]
President Barack Obama nominates Elena Kagan to the Supreme Court (14 min 6 secs)

President Barack Obama announced the nomination of Elena Kagan to the Supreme Court on May 10, 2010.[3] He praised Kagan as a "consensus builder", and said that she "is widely regarded as one of the nation's foremost legal minds".[4] The nomination was formally received by the Senate that same day, and was subsequently referred to the Judiciary Committee.[5]

Response to the nomination

[edit]

In the Senate, Kagan's nomination was received positively by most Democrats. Judiciary Committee chairman Patrick Leahy applauded Kagan's experience and qualifications. In doing so, he called attention to her work in academia and with the federal government – noting that both were outside the so-called "judicial monastery" from which most contemporary justices have come. The last justices to join the Court without any prior judicial experience had been Lewis Powell and William Rehnquist, both appointed by President Richard Nixon in 1972.[6]

Republicans were quick to express criticism, particularly over her handling of military recruiters during her time as Dean of Harvard Law School, as well as her work as a law clerk for the late Justice Thurgood Marshall, whom many of them deemed a liberal activist.[7] Even so, minority whip Jon Kyl, who supported Kagan's nominations for solicitor general (a "temporary political appointment") but was reticent to support her associate justice (a "lifetime appointment"),[6] all but ruled out using a filibuster to block a final Senate floor vote on the nomination, telling CBS's Face the Nation, "The filibuster should be relegated to extreme circumstances, and I don't think Elena Kagan represents that."[8] Opposition to Kagan among Senate Republicans was not universal however. A few expressed support for her, including Lindsey Graham, Susan Collins and Richard Lugar.[9]

Activist Michael Johns and tea party members demonstrate against Kagan on July 1, 2010.

The deans of over one-third of the country's law schools, 69 people in total, endorsed Elena Kagan's nomination in an open letter in early June. The letter lauded what it considered her coalition-building skills and "understanding of both doctrine and policy" as well as her written record of legal analysis.[10]

The National Rifle Association of America announced its opposition to Kagan, and stated that it would score the vote on her confirmation, meaning that Senators who vote in favor of Kagan would receive a lower rating from the organization.[11] At the same time, the Brady Campaign to Prevent Gun Violence announced its support for Kagan's nomination.[12]

Judiciary Committee review

[edit]

Confirmation hearings

[edit]
Senate Judiciary Committee Chairman Patrick Leahy swears in Kagan during her first day of testimony.

Kagan's Confirmation hearing before the Senate Judiciary Committee began on June 28, 2010.[13] From the 28th through the 30th, Kagan underwent two rounds of questioning by each member of the committee.

Senate Majority Leader Harry Reid meeting with Kagan.
Judiciary Chairman Patrick Leahy meeting with Kagan.

Several witnesses were called to give testimony before the Judiciary Committee at the hearings.[14] These witnesses included Kim Askew and William J. Kayatta, Jr. of the American Bar Association.[14] The Democratic members of the committee called witnesses that included:[14]

Republican members of the committee called the following witnesses:[14]

Committee vote

[edit]

After the completion of testimony, Republicans on the Judiciary Committee successfully delayed a vote on forwarding the nomination to the full Senate for one week.[15] On July 20, the committee voted 13–6 to endorse and forward the nomination, with only one Republican, Lindsey Graham, voting in the affirmative.[16] To date she is the last nominee to the Supreme Court to have a Bipartisan committee vote.

Full Senate vote

[edit]
President Obama signing Kagan's commission, August 6, 2010, following Senate confirmation.

The Senate confirmed Elena Kagan to be an associate justice of the Supreme Court on August 5, 2010, by a vote of 63–37. All Democrats, except for Ben Nelson, voted for her, as did Independents Joe Lieberman and Bernie Sanders, and five Republicans: Susan Collins, Lindsey Graham, Judd Gregg, Richard Lugar, and Olympia Snowe.[17][18]

Senate vote on PN1768
Elena Kagan, of Massachusetts, to be an Associate
Justice of the Supreme Court of the United States.
August 5, 2010 Party Total votes
Democratic Republican Independent
Yea 56 5 2 63
Nay 1 36 0 37
Result: Confirmed
Roll call vote[19]
Senator Party State Vote
Daniel Akaka D Hawaii Yea
Lamar Alexander R Tennessee Nay
John Barrasso R Wyoming Nay
Max Baucus D Montana Yea
Evan Bayh D Indiana Yea
Mark Begich D Alaska Yea
Michael Bennet D Colorado Yea
Bob Bennett R Utah Nay
Jeff Bingaman D New Mexico Yea
Kit Bond R Missouri Nay
Barbara Boxer D California Yea
Scott Brown R Massachusetts Nay
Sherrod Brown D Ohio Yea
Sam Brownback R Kansas Nay
Jim Bunning R Kentucky Nay
Richard Burr R North Carolina Nay
Roland Burris D Illinois Yea
Maria Cantwell D Washington Yea
Ben Cardin D Maryland Yea
Tom Carper D Delaware Yea
Bob Casey Jr. D Pennsylvania Yea
Saxby Chambliss R Georgia Nay
Tom Coburn R Oklahoma Nay
Thad Cochran R Mississippi Nay
Susan Collins R Maine Yea
Kent Conrad D North Dakota Yea
Bob Corker R Tennessee Nay
John Cornyn R Texas Nay
Mike Crapo R Idaho Nay
Jim DeMint R South Carolina Nay
Chris Dodd D Connecticut Yea
Byron Dorgan D North Dakota Yea
Dick Durbin D Illinois Yea
John Ensign R Nevada Nay
Mike Enzi R Wyoming Nay
Russ Feingold D Wisconsin Yea
Dianne Feinstein D California Yea
Al Franken D Minnesota Yea
Kirsten Gillibrand D New York Yea
Carte Goodwin D West Virginia Yea
Lindsey Graham R South Carolina Yea
Chuck Grassley R Iowa Nay
Judd Gregg R New Hampshire Yea
Kay Hagan D North Carolina Yea
Tom Harkin D Iowa Yea
Orrin Hatch R Utah Nay
Kay Bailey Hutchison R Texas Nay
Jim Inhofe R Oklahoma Nay
Daniel Inouye D Hawaii Yea
Johnny Isakson R Georgia Nay
Mike Johanns R Nebraska Nay
Tim Johnson D South Dakota Yea
Ted Kaufman D Delaware Yea
John Kerry D Massachusetts Yea
Amy Klobuchar D Minnesota Yea
Herb Kohl D Wisconsin Yea
Jon Kyl R Arizona Nay
Mary Landrieu D Louisiana Yea
Frank Lautenberg D New Jersey Yea
Patrick Leahy D Vermont Yea
George LeMieux R Florida Nay
Carl Levin D Michigan Yea
Joe Lieberman ID Connecticut Yea
Blanche Lincoln D Arkansas Yea
Richard Lugar R Indiana Yea
John McCain R Arizona Nay
Claire McCaskill D Missouri Yea
Mitch McConnell R Kentucky Nay
Bob Menendez D New Jersey Yea
Jeff Merkley D Oregon Yea
Barbara Mikulski D Maryland Yea
Lisa Murkowski R Alaska Nay
Patty Murray D Washington Yea
Bill Nelson D Florida Yea
Ben Nelson D Nebraska Nay
Mark Pryor D Arkansas Yea
Jack Reed D Rhode Island Yea
Harry Reid D Nevada Yea
Jim Risch R Idaho Nay
Pat Roberts R Kansas Nay
Jay Rockefeller D West Virginia Yea
Bernie Sanders I Vermont Yea
Chuck Schumer D New York Yea
Jeff Sessions R Alabama Nay
Jeanne Shaheen D New Hampshire Yea
Richard Shelby R Alabama Nay
Olympia Snowe R Maine Yea
Arlen Specter D Pennsylvania Yea
Debbie Stabenow D Michigan Yea
Jon Tester D Montana Yea
John Thune R South Dakota Nay
Mark Udall D Colorado Yea
Tom Udall D New Mexico Yea
David Vitter R Louisiana Nay
George Voinovich R Ohio Nay
Mark Warner D Virginia Yea
Jim Webb D Virginia Yea
Sheldon Whitehouse D Rhode Island Yea
Roger Wicker R Mississippi Nay
Ron Wyden D Oregon Yea

Kagan's swearing-in ceremony as Associate Justice took place on August 7, 2010, at the White House. Chief Justice John Roberts administered the prescribed constitutional and judicial oaths of office, at which time she became the 112th justice (100th associate justice) of the Supreme Court.[20][21]

See also

[edit]

Notes

[edit]
  1. ^ Rehnquist and Powell were nominated by Richard Nixon in 1971 to fill two simultaneous vacancies arising from the retirements and imminent deaths of John Marshall Harlan II and Hugo Black. They took their positions on the bench on the same date – January 7, 1972

References

[edit]
  1. ^ De Vogue, Ariane (April 9, 2010). "Liberal Justice John Paul Stevens to Retire From Court". ABC News. Retrieved June 20, 2019.
  2. ^ "Profiles of three possible successors to Justice John Paul Stevens". Los Angeles Times. April 10, 2010. Retrieved June 20, 2019.
  3. ^ a b "Obama chooses Elena Kagan for Supreme Court". CNN. May 12, 2010. Retrieved June 20, 2019.
  4. ^ "Kagan Likely To Be Pressed On Writings, Experience". NPR. May 10, 2010. Retrieved June 20, 2019.
  5. ^ McMillion, Barry J.; Rutkus, Denis Steven (July 6, 2018). "Supreme Court Nominations, 1789 to 2017: Actions by the Senate, the Judiciary Committee, and the President" (PDF). CRS Report (RL33225). Washington, D.C.: Congressional Research Service. Retrieved June 17, 2019.
  6. ^ a b Dwyer, Devin; Wolf, Z. Byron; Karl, Jonathan (May 10, 2010). "Elena Kagan: Obama Nom Heads to Senate". ABC News. Archived from the original on May 14, 2010. Retrieved June 22, 2019.
  7. ^ "Kagan Quizzed About Thurgood Marshall's Record". NPR. June 29, 2010. Archived from the original on July 4, 2010.
  8. ^ Marr, Kendra (May 16, 2010). "Kyl: GOP won't filibuster Kagan". Politico. Archived from the original on April 7, 2016. Retrieved June 1, 2019.
  9. ^ "Some in GOP backing Kagan". The Boston Globe. June 2, 2010. Archived from the original on October 26, 2012. Retrieved June 1, 2019.
  10. ^ Goldstein, Amy (2010-06-15). "69 law school deans endorse Kagan in letter to Senate". The Washington Post. Archived from the original on December 1, 2010. Retrieved 2010-07-01.
  11. ^ James Oliphant, NRA opposes Kagan confirmation, L.A. Times (July 2, 2010).
  12. ^ Kane, Paul; Goldstein, Amy (2010-07-01). "Kagan expected to be confirmed to Supreme Court with little Republican support". The Washington Post. Archived from the original on July 3, 2010. Retrieved 2010-07-12.
  13. ^ Dann, Carrie (June 28, 2010). "Live-blogging the Kagan hearing". MSNBC. Archived from the original on June 30, 2010. Retrieved June 28, 2010.
  14. ^ a b c d "Kagan hearings witness list released". The Washington Post. Archived from the original on October 3, 2012.
  15. ^ Crabtree, Susan (July 13, 2010). "Republicans force one-week delay in Judiciary panel's Kagan vote". The Hill. Retrieved June 1, 2019.
  16. ^ "Judiciary Committee approves Elena Kagan for the Supreme Court, sending nomination to Senate". Fox News. Associated Press. July 20, 2010. Retrieved June 1, 2019.
  17. ^ Crabtree, Susan; Rushing, J. Taylor (August 6, 2010). "Kagan confirmed to Supreme Court". The Hill. Retrieved June 1, 2019.
  18. ^ Dwyer, Devin; Jaffe, Jeff (August 5, 2010). "Senate Confirms Elena Kagan to Supreme Court". ABC News. Retrieved June 1, 2019.
  19. ^ "Roll Call Vote 111th Congress - 2nd Session". United States Senate. Retrieved 20 April 2024.
  20. ^ Julie Hirschfeld Davis (August 7, 2010). "Kagan sworn in as Supreme Court justice: She won't be formally installed as a justice until Oct. 1". Associated Press. Archived from the original on October 2, 2013. Retrieved August 7, 2010.
  21. ^ "Associate Justice Elena Kagan Swearing-in Ceremony". Washington, D.C.: Supreme Court of the United States. Retrieved June 22, 2019.

Further reading

[edit]
[edit]