Litigation

Kagan Endorsed by Most Former Solicitors General

By Peter Hardin

Conservatives Theodore Olson and Ken Starr are among a group of former solicitors general named by Democratic and Republican presidents who have endorsed Elena Kagan, one of their successors, for the U.S. Supreme Court.

The lawyers touted Kagan’s broad experience and record for accomplishment, according to an Associated Press article.

?The job of solicitor general provides an opportunity to grapple with almost the full gamut of issues that come before the Supreme Court and requires an understanding of the Court?s approach to numerous issues,? the former solicitors general said in a letter, a New York Times blog reported.

All of the living former solicitors general except Robert Bork joined in the letter, according to SCOTUSblog.

Bork said Wednesday that Kagan’s admiration for an Israeli judge, Aharon Barak, was “disqualifying in and of itself” for her Supreme Court nomination, The Blog of Legal Times reported. “?He has the most extravagantly activist record that I know of,? Bork said of Barak.

In other recent media reports, the Associated Press said Kagan, as solicitor general, sought secrecy in four of five open government cases she dealt with. She drew criticism from both conservative and liberal groups for her positions on abortion rights, according to a Boston Globe report.

Fox News reported that when her confirmation hearings get under way next week, Republican critics will raise questions about “newly released documents that show she briefly suspended on-campus military recruitment when she was dean of Harvard Law School in 2005.”

In a preview of the hearings, Dahlia Lithwick writes in a Slate article entitled “The Justice of Oz,” that “You need to lose the heart, the brain, and the courage before anyone lets you in the door.”

The American Civil Liberties Union issued a report summarizing Kagan’s record on civil rights and civil liberties. The group did not take a stand on endorsement.

To find out more about Kagan and the nomination process, check out Gavel Grab or Justice at Stake?s ?Replacing Justice Stevens? page.

Full post as published by The Gavel on June 23, 2010 (boomark / email).