Justice Elena Kagan (Democrat)

Early Life and Education:

• Family Background: Kagan was raised in a middle-class Jewish family. Her mother, Gloria, was a school teacher, and her father, Robert Kagan, was an attorney who later became a judge.
• Education: She attended Hunter College High School in New York City. Kagan then went to Princeton University, graduating summa cum laude in 1981 with a degree in history, where she wrote her senior thesis on the history of socialism in New York City. She received a scholarship to study at Worcester College, Oxford, earning an MPhil in 1983. Following this, she returned to the U.S. to attend Harvard Law School, where she graduated magna cum laude in 1986. At Harvard, she served as supervising editor of the Harvard Law Review.

Legal Career:

• Clerkships: Post-law school, Kagan clerked for Judge Abner J. Mikva of the U.S. Court of Appeals for the D.C. Circuit and for Supreme Court Justice Thurgood Marshall.
• Academic Career: After her clerkships, Kagan worked in private practice at Williams & Connolly, then moved into academia. She taught at the University of Chicago Law School, where she became known for her courses in administrative law and separation of powers. In 1999, she joined Harvard Law School as a visiting professor and later became the dean in 2003, the first woman to hold that position at Harvard Law. Her tenure was marked by efforts to expand the faculty and innovate the curriculum.

Government Service:

• Domestic Policy Council: In 1995, Kagan took a leave from academia to serve as Associate White House Counsel during the Clinton administration, where she worked on various legal issues, including the confirmation of judicial nominees.
• Solicitor General: In 2009, President Obama nominated Kagan to be the Solicitor General of the United States, making her the first woman to hold the position. In this role, she argued cases on behalf of the government before the Supreme Court, showcasing her advocacy skills.

Supreme Court Tenure:

Judicial Philosophy:

• Pragmatism: Kagan is often described as a pragmatic liberal, focusing on the practical effects of legal decisions rather than strict adherence to any particular judicial philosophy.
• Incremental Change: She tends to favor decisions that advance progressive causes incrementally rather than through broad, sweeping changes.

Notable Opinions and Activities:

• Writing Style: Kagan’s opinions are noted for their clarity, wit, and occasionally humorous tone, making complex legal issues more accessible.
• Majority Opinions: She wrote the majority opinion in Rucho v. Common Cause (2019), where the Court declined to intervene in partisan gerrymandering cases, citing these as political questions. However, she expressed her discomfort with the decision.
• Dissenting Opinions: In Trump v. Hawaii (2018), she dissented from the majority’s decision to uphold the Trump administration’s travel ban, arguing it was based on discriminatory animus.
• Concurrences: Her concurrence in Bostock v. Clayton County (2020) was significant, agreeing with the majority that Title VII of the Civil Rights Act of 1964 protects gay, lesbian, and transgender employees from discrimination based on sex.
• Interaction with Colleagues: Kagan has been known for her ability to build consensus on the Court, often engaging in strategic compromise, although she remains a firm vote with the liberal wing.

Cultural Impact and Public Perception:

• Public Figure: Kagan’s background, her appointment process, and her early tenure have made her a figure of interest in legal circles and beyond, particularly among those who follow Supreme Court dynamics.
• LGBT Rights: She has been a key figure in defending and advancing rights for the LGBTQ community, as seen in her involvement in cases like Obergefell v. Hodges (same-sex marriage) and Bostock v. Clayton County.
• Academic Influence: Her academic and dean experience at Harvard continues to influence her approach to law, emphasizing education and discourse.

Legacy and Current Influence:

• Approach to Law: Kagan’s legacy is still being written, but she is noted for her pragmatic approach to legal issues, her ability to write compelling opinions, and her efforts to foster collegiality among justices.
• Role Model: As one of only four women to have served on the Supreme Court, Kagan serves as a role model for women in law, demonstrating that one can reach the highest judicial office through intellect, hard work, and a commitment to public service.
• Public Engagement: Her public speeches and writings often touch on themes of democracy, education, and the importance of civics, highlighting her broader perspective on law’s role in society.