Elena Kagan

* Gawker is now offering Donald Trump money to shut up. You could say that Gawker is not getting any consideration in this deal, but you’d be very wrong. [Gawker]

* Alice Lingo, the lawyer-turned-cleaning-lady we posted about yesterday, has a Biglaw background. [Law Shucks]

* Professor Jonathan Adler has a detailed write-up of Sonia From the Block’s recent talk to Case Western law students. Justice Sotomayor: clerkship offers or it didn’t happen. [Volokh Conspiracy ]

* Meanwhile, Lady Kaga might only be working part-time for her first Term. [WSJ Law Blog]

* A California federal judge ruled DADT unconstitutional — making it the perfect time check out this 2009 NYU Law Revue skit. [YouTube]

* If it is possible to stop with political, religious, and racial fighting (and other assorted crap) for just one day, could that day be tomorrow? [Associated Press]

Am I correct in asserting that Jimmy Smits has had more judicial experience than Elena Kagan?

Dahlia Lithwick, opining on Jimmy Smits’s new show Outlaw. On the show, Smits plays a Supreme Court justice who steps down to “fight for change in the legal system,” because as we all know, SCOTUS justices are so powerless.

As of yesterday, Justice Elena Kagan had not hired her four law clerks for October Term 2010, as reported by Tony Mauro in the National Law Journal. But that was then, and this is now.

Justice Kagan, who was sworn in on Saturday, isn’t wasting any time in getting her chambers up and running. Lady Kaga has hired her four little monsters for OT 2010.

Just as Justice Sonia Sotomayor did last year, Justice Kagan is hiring outgoing Supreme Court clerks — i.e., clerks who just finished up with their justices — to ease her transition. Out of her four clerks for the upcoming Term, three also clerked on the Court in the Term just ended (October Term 2009).

Not surprisingly, the former dean of Harvard Law School bleeds Crimson. At least two of Justice Kagan’s four clerks are HLS graduates. One is a graduate of Yale Law School (the alma mater of Justice Kagan’s late father). (We’re still waiting for the name and law school of the fourth clerk.)

UPDATE: We’ve learned the name of the fourth Kagan clerk. She’s also a Harvard Law grad, leaving Justice Kagan with three out of four clerks from HLS. More details after the jump.

So who will be joining the Divine Miss K in the heavenly confines of One First Street?

double red triangle arrows Continue reading “Supreme Court Clerk Hiring Watch: Justice Kagan’s Clerks!”


This should not come as a huge surprise, but Solicitor General Elena Kagan was just confirmed by the Senate as to be the 112th justice of the United States Supreme Court. Kagan, the first woman to serve as Solicitor General, is the fourth woman ever to serve on the Court.

CORRECTION: I replaced “as” with “to be” after receiving this from a former White House official: “I feel compelled to point out that the Senate confirmed Kagan TO BE the 112th justice, after which President Obama likely appointed her AS the 112th justice. Marbury, Madison, etc.”

The vote to confirm Kagan was 63-37. Check out C-SPAN for the full tally (scroll down). Ashby Jones has the highlights:

Fifty-eight Democrats and independents, as well as five Republicans, voted for Kagan. Thirty-six Republicans and one Democrat, Sen. Ben Nelson of Nebraska, voted against the nominee.

The five Republicans who supported Kagan were Sens. Susan Collins and Olympia Snowe of Maine, Lindsey Graham of South Carolina, Richard Lugar of Indiana and Judd Gregg of New Hampshire.

The current U.S. Supreme Court lineup (once Kagan is officially sworn in): Chief Justice John Roberts (Bush 43) and Justices Antonin Scalia (Reagan), Anthony Kennedy (Reagan), Clarence Thomas (Bush 41), Ruth Bader Ginsburg (Clinton), Stephen Breyer (Clinton), Samuel Alito (Bush 43), Sonia Sotomayor (Obama) and Elena Kagan (Obama).

UPDATE: In case you’re curious, President Obama’s prior SCOTUS nominee, Justice Sonia Sotomayor, was confirmed last year by a vote of 68-31, with nine Republicans in support. Three Republicans voted for Sotomayor but not Kagan: Lamar Alexander (Tenn.), Christopher Bond (Mo.), and Voinovich (Ohio). Scott Brown (Mass.) — who introduced Kagan at her hearings, by the way — voted against her (but wasn’t in the Senate yet for the Sotomayor vote). So did George LeMieux (Fla.), who replaced Mel Martinez (a pro-Sotomayor Republican).

After the Kagan vote, the Divine Miss K’s successor as Harvard Law School dean, Martha Minow, sent out a celebratory email at HLS….

double red triangle arrows Continue reading “Congratulations to Associate Justice Elena Kagan!”

* Today Judge Vaughn Walker will issue his ruling in Perry v. Schwarzenegger, the constitutional challenge to the Prop 8 gay marriage ban in California. Lawyer/journalist Chris Geidner has this great FAQ about it. [Metro Weekly]

* A bankruptcy examiner’s report brings mostly good news for lawyers at Brown Rudnick, who had been accused of improperly redacting a complaint. [Am Law Daily]

* Justice Ruth Bader Ginsburg, who’s 77, wants to stay on the Court until she’s at least 82 (the age at which Justice Louis Brandeis retired). [Associated Press via How Appealing]

* Meanwhile, RBG’s future colleague moves one step closer to confirmation: Senate floor debate on the Kagan nomination is even more predictable and unexciting than the Kagan hearings. [New York Times]

* Note to bloggers: avoid using material from the Las Vegas Review-Journal, or you could find yourself getting sued by a “copyright troll.” (Fellow blogger Marc Randazza is quoted extensively.) [Las Vegas Sun via ABA Journal]

[U]nderneath a sometimes gruff exterior, he has the proverbial heart of gold: no one I know is a more faithful friend or a more fundamentally decent person.

– Solicitor General and Supreme Court nominee Elena Kagan, in a letter to Sen. Lindsey Graham (R-SC) about appellate litigator Miguel Estrada, a Gibson Dunn partner and possible Supreme Court nominee in a Republican administration.

The Senate Judiciary Committee has voted to recommend Obama’s latest nominee to the Supreme Court, Elena Kagan, to the full Senate, by a vote of 13 – 6. So the former Harvard Law School Dean and current Solicitor General is one step closer to becoming the fourth woman ever to serve on the Supreme Court.

Kagan received exactly one of the seven possible votes from Senate Judiciary Republicans. South Carolina Senator Lindsay Graham was the only Republican to break ranks. But the Democrats held together, and it’s always impressive when Senate Democrats manage to not royally screw something up.

Kagan’s confirmation should be voted on by the full Senate sometime next week.

UPDATE: In case you’re wondering, this is the exact same vote that Sonia Sotomayor got when her nomination came out of the Judiciary Committee.

Judiciary panel OKs Elena Kagan for Supreme Court [Washington Post]

In addition to her intellect, academic and professional qualifications, Kagan did just enough to win my vote by her answers that television would be good for the country and the court, and by identifying Justice Marshall as her role model.

Sen. Arlen Specter (D-PA), explaining in a Los Angeles Times op-ed piece why he will vote in favor of Elena Kagan’s nomination to the Supreme Court.

The Senate confirmation vote on Elena Kagan’s nomination to the Supreme Court has been pushed back one week, to July 20. This gives the Republicans more time to try and persuade a few Democrats to vote against Lady Kaga.

As they try to win over Democrats, the Senate Republicans have some new fodder: a Kagan-related scandal! A hit-and-run car accident, involving thousands of dollars in damage! To a minivan — owned by the mother of a disabled child!

Alas, the Divine Miss K wasn’t at the wheel. Who was?

double red triangle arrows Continue reading “Finally, an Elena Kagan Scandal: A Hit-and-Run Car Accident!”

In other words, my homegirl Kagan was saying people could not be aroused by the lyrics “’cause my dick’s on bone” or “me so horny, me f*** you long time.”

– Luther Campbell (aka Uncle Luke of 2 Live Crew) endorsing Elena Kagan in the Miami New Times based on her work on the band’s behalf at Williams & Connolly.

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