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Supreme Court Vacancy

President Obama has nominated Solicitor General Elena Kagan to replace Justice John Paul Stevens on the Supreme Court. The Heritage Foundation will provide detailed analysis of her record, along with links to other helpful resources. We will continue to reiterate the factors that senators should consider when evaluating Kagan and all other nominees to life-tenured judicial positions. They should not only consider her qualifications and experience, but also whether she understands that the judge’s role is to interpret the Constitution and laws as they are written, free from personal or political bias.

HIGHLIGHTS

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  • WebMemo posted July 19, 2005 by John McGinnis Advice and Consent: What the Constitution Says

    Editor's Note: Between various presidential nominations now bottled up in the U.S. Senate, and now the intense focus on a nomination to the United States Supreme Court, there have been numerous musings about presidential nominations, the advice and consent of the Senate, and the appointment of judges of the Supreme Court and other officers of the United States. This…

  • WebMemo posted June 25, 2010 by Robert Alt Key Questions for Elena Kagan

    Before being confirmed to the United States Supreme Court, Elena Kagan must first be confirmed by the U.S. Senate. But before Kagan can be confirmed to this lifetime appointment, she has to answer questions before the Senate Judiciary Committee. Kagan comes to the committee with one of the thinnest records of any Supreme Court nominee in recent history. She has no…

  • Commentary posted May 21, 2010 by Robert Alt Lawmakers Cannot Confirm a Blank Slate

    Pres­i­dent Barack Obama’s nom­i­na­tion of Elena Kagan raises many unan­swered ques­tions. But that’s one rea­son the Sen­ate has a Judi­ciary Committee. Why so many ques­tions? Because Kagan comes with the thinnest record of any nom­i­nee in decades. Not only has she never served as a judge, but she has pre­cious lit­tle court­room expe­ri­ence. When…

  • Legal Memorandum posted June 23, 2010 by Jeremy Rabkin How Does Elena Kagan See America’s Place in the World? Why the Senate Needs to Ask Some Hard Questions

    Abstract: What are Elena Kagan’s views on foreign policy? What does she think about America’s role in the world? At one time, such questions would have seemed irrelevant, if not impudent, for a Supreme Court nominee. Not anymore. Recent Supreme Court decisions, and commonly expressed views among commentators, seem to embrace a new role for international institutions,…

  • Commentary posted October 29, 2008 by Robert Alt Obama's Ideas for a Radical Court

    In a 2001 radio interview that's just come to light, Barack Obama discussed the Supreme Court's role in redistributing wealth. Call it Obama's "Joe the Plumber meets Justice Brennan" moment. Contrary to some screaming Web discussions, Obama did not - at least as a practical matter - promote using the courts to redistribute wealth. Yet the interview was still…

  • WebMemo posted May 18, 2010 by Charles "Cully" Stimson Elena Kagan: Justice Stevens Redux?

    As the Senate considers President Obama’s appointment of Solicitor General Elena Kagan to the Supreme Court, it should reflect on the Court’s increasing role in shaping national security. Specifically, Senators should consider President Obama’s authority as commander-in-chief to use military commissions, Predator drone strikes, prolonged detention, and other robust yet…

  • Commentary posted October 25, 2008 by Deborah O'Malley Misunderstanding the Role of Judges

    In his recent endorsement of Barack Obama, Colin Powell mused: "I would have difficulty with two more conservative appointments to the Supreme Court, but that's what we'd be looking at in a McCain administration." While Powell is correct in highlighting the importance of judicial issues in the upcoming election, his comments reveal an all-too-common…

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  • WebMemo posted June 25, 2010 by Robert Alt Key Questions for Elena Kagan

    Before being confirmed to the United States Supreme Court, Elena Kagan must first be confirmed by the U.S. Senate. But before Kagan can be confirmed to this lifetime appointment, she has to answer questions before the Senate Judiciary Committee. Kagan comes to the committee with one of the thinnest records of any Supreme Court nominee in recent history. She has no…

  • Legal Memorandum posted June 23, 2010 by Jeremy Rabkin How Does Elena Kagan See America’s Place in the World? Why the Senate Needs to Ask Some Hard Questions

    Abstract: What are Elena Kagan’s views on foreign policy? What does she think about America’s role in the world? At one time, such questions would have seemed irrelevant, if not impudent, for a Supreme Court nominee. Not anymore. Recent Supreme Court decisions, and commonly expressed views among commentators, seem to embrace a new role for international institutions,…

  • WebMemo posted May 18, 2010 by Charles "Cully" Stimson Elena Kagan: Justice Stevens Redux?

    As the Senate considers President Obama’s appointment of Solicitor General Elena Kagan to the Supreme Court, it should reflect on the Court’s increasing role in shaping national security. Specifically, Senators should consider President Obama’s authority as commander-in-chief to use military commissions, Predator drone strikes, prolonged detention, and other robust yet…

  • WebMemo posted July 19, 2005 by John McGinnis Advice and Consent: What the Constitution Says

    Editor's Note: Between various presidential nominations now bottled up in the U.S. Senate, and now the intense focus on a nomination to the United States Supreme Court, there have been numerous musings about presidential nominations, the advice and consent of the Senate, and the appointment of judges of the Supreme Court and other officers of the United States. This…

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