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Meet Justice Ginsburg's replacement (Elena Kagan)

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Ninja Jordan Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-25-07 02:55 PM
Original message
Meet Justice Ginsburg's replacement (Elena Kagan)
Edited on Thu Oct-25-07 03:21 PM by Ninja Jordan
Harvard Law School Dean Elena Kagan


Born: April 28, 1960 (age 47)

Place: New York City

from wikipedia:

Elena Kagan is the dean of Harvard Law School and the Charles Hamilton Houston Professor of Law at Harvard University. She previously served as a professor of law at the University of Chicago Law School. From 1995 to 1999, Dean Kagan served as Associate Counsel to U.S. President Bill Clinton and Deputy Assistant to the President for Domestic Policy and Deputy Director of the Domestic Policy Counsel.

Kagan was born 28 April 1960 in New York City. She graduated from Hunter College High School in 1977, received an A.B. from Princeton University in 1981, an M. Phil. from Worcester College, Oxford University, in 1983, and a J.D. from Harvard Law School in 1986. She was a law clerk for Judge Abner Mikva on the U.S. Court of Appeals for the District of Columbia Circuit and for Justice Thurgood Marshall of the U.S. Supreme Court.

In private practice, Kagan was an associate at the Washington, D.C., law firm of Williams & Connolly. She then launched her scholarly career at the University of Chicago Law School, where she became an assistant professor in 1991 and a tenured professor of law in 1995.

Kagan's scholarly work focuses on administrative law, including the role of the President of the United States in formulating and influencing federal administrative and regulatory law. Her 2001 Harvard Law Review article, "Presidential Administration," was honored as the year's top scholarly article by the American Bar Association's Section on Administrative Law and Regulatory Practice, and is being developed into a book to be published by Harvard University Press. Kagan has also written on a range of First Amendment issues.

In 1999, President Clinton nominated Kagan to serve as a Judge on the U.S. Court of Appeals for the District of Columbia Circuit, but the Republican led Senate Judiciary Committee declined to bring her nomination forward for a hearing.

Kagan has been dean of Harvard Law School since 2003 when she took over from Dean Robert C. Clark who had served as dean for over a decade. The focus of her tenure has been improving student satisfaction, constructing new facilities, and reviewing the legal curriculum. She has been credited for bringing new vigor to her post and for employing a consensus-building leadership style.

She also kicked off a $400 million capital campaign in 2003; it is scheduled to end in 2008. Reports are that the Law School has raised about $260 million to date, putting it slightly ahead of schedule. Kagan is also credited with overcoming ideological disputes among the Law school faculty that had hindered new faculty appointments.

Kagan has been the subject of repeated speculation that she might be nominated to the Supreme Court of the United States if a Democratic president is elected.


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Hieronymus Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-25-07 03:01 PM
Response to Original message
1. Cool .. Jeffrey Toobin thinks if Hillary is elected she will appoint Obama.
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Ninja Jordan Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-25-07 03:02 PM
Response to Reply #1
2. I saw that, but I dont think it is feasible.
Kagan already has ties to Clinton. She was nominated to the Court of Appeals in '99 but GOP wouldn't put her nomination up for a vote.
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Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-25-07 03:04 PM
Response to Original message
3. She doesn't sound like she has the credentials to sit on the SCOTUS
Her resume is extremely thin for such an important position, especially when compared to Ruth Bader Ginsburg:

Ruth Bader Ginsburg entered a legal world where the best jobs were off-limits to women and emerged as a Supreme Court Justice. Born in Brooklyn, Justice Ginsburg received her B.A. from Cornell and arrived at Columbia in 1958 after completing two years at Harvard Law School. Her husband, Martin Ginsburg, had taken a job at a Manhattan law firm, and they moved to New York with their young daughter, Jane, now a Columbia law professor. (Her son, James, president of Cedille Records in Chicago, was born in 1965.) While Ruth Ginsburg was at Harvard, the dean asked the nine women of her class why they were taking places that could have gone to men. At Columbia, Justice Ginsburg recalls, "Dean Warren didn't ask any questions. He just accepted me." Fellow student Richard Givens '59, who tied with Justice Ginsburg for top honors in their graduating class, remembers her as "very brilliant, incisive, quick and thoughtful."

Although she was a top student and a Law Review editor, Justice Ginsburg despaired of receiving a job offer at graduation. "A Jew, a woman, and a mother, that was a bit much. Three strikes put me out of the game," she said in an earlier interview. Yet these hurdles shaped her determination to extend the U.S. Constitution's Equal Protection Clause to women. Finally, after countless rejections from law firms and judges, Judge Edmund L. Palmieri '29 took her on as a law clerk.

In 1961, Justice Ginsburg returned to Columbia to join Professor Hans Smit's '58 project on International Civil Procedure. She learned Swedish as preparation for writing, together with a Swedish judge, a book on Sweden's legal system. Columbia, however, did not offer her a faculty position, and Justice Ginsburg went to Rutgers where she taught law for nine years. Then, in 1972, Dean Michael Sovern '55 invited her to accept a position at Columbia, and she became the Law School's first tenured woman professor.

In the 1960s, Justice Ginsburg embarked upon her career of advocating for ordinary people caught in the vise of gender discrimination. A founder in 1972 of the ACLU's Women's Rights Project, she took on gender discrimination cases for women and men to draw attention to the pitfalls for both sexes of gender-based laws. She went to the Supreme Court to argue that a married female Air Force lieutenant needed the same housing and medical benefits as her male colleagues, and that a young widower deserved the same Social Security payments to support his infant son that a widow would have received. She won five of the six gender discrimination cases she argued before the U.S. Supreme Court. Her efforts to overturn gender discrimination continued at Columbia where, Prof. Smit recalls, "She was a superstar. She was the only member of the faculty who taught the law that she created. Her classes were so great because she was really telling her life story."

In 1980, Justice Ginsburg was appointed by President Jimmy Carter to the Court of Appeals for the District of Columbia Circuit. In her 13 years on the federal bench, she developed a reputation as a "centrist," a conciliator and a peacemaker on the court. Defying the labels "liberal" or "conservative," she expressed her admiration for judges who were "independent thinking individuals with open, but not drafty, minds." President Bill Clinton nominated her as Associate Justice in 1993.


http://www.law.columbia.edu/law_school/communications/reports/winter2004/bio
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Ninja Jordan Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-25-07 03:06 PM
Response to Reply #3
4. What's your point?
She isn't competing with Ginsburg, she'll be replacing her.

FWIW, Bill Clinton TRIED to put Kagan on the federal bench in '99, but the GOP Senate refused to let her out of committee. Some of the best, most liberal Supreme Court justices had little to no prior judicial experience, see Earl Warren.
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Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-25-07 03:13 PM
Response to Reply #4
5. Um, I thought I was clear: "She doesn't sound like she has the credentials to sit on the SCOTUS"
Edited on Thu Oct-25-07 03:13 PM by Romulox
It doesn't even sound likes she's practiced law for any substantial amount of time, and her position at Harvard is administrative.
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Ninja Jordan Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-25-07 03:15 PM
Response to Reply #5
6. Thanks for your contribution to the thread.
Bye.
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Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-25-07 03:16 PM
Response to Reply #6
7. LOL. Sorry for having a point of view!
:rofl:
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Ninja Jordan Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-25-07 03:17 PM
Response to Reply #7
8. I happen to think she will be a great pick.
Ginsburg wasn't a good pick. While liberal, she was quite old when nominated.
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Demit Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-25-07 03:18 PM
Response to Reply #3
9. Why does linking to RB Ginsburg's resume somehow support your assertion that
Elana Kagan isn't qualified for the Supreme Court? I don't follow your thinking there.
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Ninja Jordan Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-25-07 03:26 PM
Response to Reply #9
10. It didn't make sense to me either.
Ginsburg's resume is the exception, not the norm. She was a groundbreaking woman. Requiring every new SCOTUS nominee to have a comparable resume to RBG is a bit much. Besides, Ginsburg was so old by the time of her nomination that she couldn't help but have a ridiculous amount of experience.

Some of the best Justices had no prior judicial experience. For example Earl Warren, William Brennan, Prof. Felix Frankfurter etal.
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Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-25-07 03:30 PM
Response to Reply #10
12. Earl Warren was a DA for 18 years, A.G. of Ca. for 6, and a 3 term governor of Ca.
Ms. Kagan's resume doesn't compare to his, either...
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Ninja Jordan Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-25-07 03:33 PM
Response to Reply #12
14. No judicial experience. It is quite similar.
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Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-25-07 05:53 PM
Response to Reply #14
15. No experience practicing law =/= no experience as a judge. nt
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Zynx Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-25-07 06:37 PM
Response to Reply #12
16. Being a DA is hardly what I would call proper experience for a Supreme
Court seat. Some people seem to forget what the Supreme Court does.
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Romulox Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-25-07 03:26 PM
Response to Reply #9
11. The point is that when compared against one another, Kagan's resume is rather sparse...
Myers for Rehnquist would have been no great loss. One mediocre ideologue for another.

Justice Ginsburg, however, is very likely the smartest person on the court. Replacing her with someone who has never argued a case before the SCOTUS (according to the bio supplied, at least,) who has only practiced law for a few years, and whose most recent experience is as an administrator, would be trading an intellectual giant for an unknown quantity. If Ms. Kagan has numerous publishing credits of which I am not aware, or has drafted numerous amicus curiae briefs that were presented to the Court, or otherwise has accomplishments that qualify her for the SCOTUS, then I apologize, but the above bio does not indicate any of this.

If being Dean of a law school is the only accomplishment indicated for a seat on the High Court, then there are several hundred candidates every bit as qualified as Ms. Kagan, at any rate.
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Ninja Jordan Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-25-07 03:31 PM
Response to Reply #11
13. That's a crap argument.
Edited on Thu Oct-25-07 03:32 PM by Ninja Jordan
Research Dean Kagan yourself. I'm just introducing her here. It isn't comprehensive. Clarence Thomas replaced Thurgood Marshall for chrissakes. Not that Kagan is comparable to Thomas in the inexperience factor, but this idea that great minds must be replaced by equally great minds is fallacious. In any event, I believe Kagan is a great mind. The plus is she would be on the Court for about two or three times as long as Ginsburg would.
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