NBC News: Elena Kagan Tapped for Supreme Court
by Jonathan Singer, Sun May 09, 2010 at 10:06:42 PM EDT
Minutes ago on MSNBC, Pete Williams reported that Barack Obama has selected Solicitor General Elena Kagan to replace retiring Justice John Paul Stevens on the United States Supreme Court. If confirmed, Kagan would be just the fourth ever woman to serve on the high court. More as we hear it...
UPDATE by desmoinesdem: The Above the Law blog saw several "clues" over the last few days that the president would pick Kagan.
[UPDATE by Jonathan]: A couple quick points I'd like to hit on:
- Some might hit Kagan for not having prior judicial experience. It's worth noting, however, that more than a third of Supreme Court Justices in history (38 of 111) have come to the high court without any prior judicial experience. It is also worth noting that Kagan would have come to the court with such experience had Senate Republicans not blocked her confirmation to a lower court more than a decade ago.
- Some say that Kagan doesn't have a paper trail, or that she hasn't written anything monumental. I haven't read everything she has written, but I do know that her seminal administrative law article, which was named the year's best article by the American Bar Association’s Section on Administrative Law and Regulatory Practice, is taught in law schools.
More thoughts later...