Kagan’s Troubling Record
by Marjorie Cohn
After President Obama nominated Elena Kagan for the Supreme Court, he made a statement that implied she would follow in the footsteps of Justice Thurgood Marshall, the civil rights giant and first black Supreme Court justice. Kagan served as a law clerk for Marshall shortly after she graduated from Harvard Law School.
Specifically, Obama said that Marshall’s “understanding of law, not as an intellectual exercise or words on a page, but as it affects the lives of ordinary people, has animated every step of Elena’s career.”
Unfortunately, history does not support Obama’s optimism that Kagan is a disciple of Marshall.