Newest Supreme Court Nominee Slips Under the Radar

Written by Robert G. Brody on August 20, 2010

With little fanfare, Elena Kagan was sworn in as the newest Supreme Court Justice on August 7th. Her Senate confirmation hearing seemed more of a formality than typical recent confirmations which scrutinized legal and moral philosophies. Kagan was the first female Solicitor General, and will be only the fourth woman to sit on the country’s highest court.

Republicans and Democrats voted for her confirmation along party lines, with the exception of Republican Senator Lindsey Graham of South Carolina. Senator Graham said that while he disagreed on some of Kagan’s political philosophies, he found her to be well qualified f

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or the position and of great moral character. Republicans disagree with Kagan’s past views on Second Amendment issues during her time in the Clinton administration and as a clerk for former Justice Thurgood Marshall. They also worry about her decision as Dean of Harvard Law School to prohibit military recruiters on campus.

As the youngest Justice on the court, Kagan has the potential to make significant changes to our legal landscape in the coming years. It will be interesting to see how she decides her first few cases. We can only hope that she decides each case free from partisan bias and with great deference to the Constitution.

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About the Authors

Robert G. Brody is the founding member of Brody and Associates, LLC. He has been quoted and published in national publications and appears as a guest T.V. commentator on contemporary Labor and Employment issues. Learn More