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CRS: From Solicitor General to Supreme Court Nominee: Responsibilities, History, and the Nomination of Elena Kagan

From Solicitor General to Supreme Court Nominee: Responsibilities, History, and the Nomination of Elena Kagan, by Susan Navarro Smelcer, Analyst on the Federal Judiciary. Kenneth R. Thomas, Legislative Attorney, June 23, 2010

  • “On May 10, 2010, President Obama nominated Solicitor General Elena Kagan to replace retiring Justice John Paul Stevens. If confirmed, Elena Kagan would be the first serving Solicitor General to be appointed to the Court since the elevation of Thurgood Marshall in 1967. She would also be only the fifth of 111 Justices to come to the bench with such experience. Given that Solicitor General Kagan has made few public statements on important legal and policy issues, some have looked to her record as Solicitor General for some indication of her views. Others have looked to her time as Solicitor General as an important element of her professional experience, especially in light of the criticism of some that her lack of judicial and litigation experience make her unqualified to sit on the bench. Understanding the role and responsibilities of the Solicitor General can provide a useful backdrop against which to evaluate Elena Kagan’s statements and official actions and assess her professional qualifications.”
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