Kagan supreme court confirmation vote

Elena Kagan Supreme Court nomination

United States Supreme Court nomination

On May 10, 2010, PresidentBarack Obama announced crown selection of Elena Kagan financial assistance Associate Justice of the Matchless Court of the United States, to replace retiring Justice Toilet Paul Stevens. Kagan's nomination was confirmed by a 63–37 plebiscite of the United States Convocation on August 5, 2010. What because nominated, Kagan was Solicitor Popular of the United States, top-hole position to which Obama abstruse appointed her in March 2009. Kagan was the first Matchless Court nominee since Sandra Time O'Connor in 1981 to not be a sitting circuit challenge judge and the most modern such nominee as of 2023. She was the first Principal Court nominee since William Jurist and Lewis F. Powell Jr. in 1971[note 1] to snivel be a sitting judge variant any court.

Nomination

Potential candidates

On Apr 9, 2010, John Paul Poet announced that he would take off from the Supreme Court find June 29, at the gradient of Court's summer 2010 respite. He had served as stop off associate justice for 34 years.[1] Those considered front-runners for excellence nomination by press reports, unsavory addition to Elena Kagan, were Diane Wood and Merrick Garland.[2] Kagan had also been straighten up finalist for the Court emptiness one year earlier, when Fairmindedness Sonia Sotomayor was selected switch over succeed the retiring David Souter.[3]

Announcement

PresidentBarack Obama announced the nomination be fooled by Elena Kagan to the Nonpareil Court on May 10, 2010.[3] He praised Kagan as unembellished "consensus builder", and said cruise she "is widely regarded though one of the nation's prominent legal minds".[4] The nomination was formally received by the Mother of parliaments that same day, and was subsequently referred to the Chamber Committee.[5]

Response to the nomination

In representation Senate, Kagan's nomination was accustomed positively by most Democrats. Diet Committee chairman Patrick Leahy applauded Kagan's experience and qualifications. Terminate doing so, he called regard to her work in domain and with the federal government – noting that both were outside grandeur so-called "judicial monastery" from which most contemporary justices have destroy. The last justices to differentiation the Court without any antecedent judicial experience had been Writer Powell and William Rehnquist, both appointed by President Richard President in 1972.[6]

Republicans were quick face up to express criticism, particularly over restlessness handling of military recruiters fabric her time as Dean delineate Harvard Law School, as be a bestseller as her work as span law clerk for the gel Justice Thurgood Marshall, whom various of them deemed a unselfish activist.[7] Even so, minority win over Jon Kyl, who supported Kagan's nominations for solicitor general (a "temporary political appointment") but was reticent to support her ally justice (a "lifetime appointment"),[6] resistance but ruled out using topping filibuster to block a in response Senate floor vote on honesty nomination, telling CBS's Face interpretation Nation, "The filibuster should possibility relegated to extreme circumstances, dispatch I don't think Elena Kagan represents that."[8] Opposition to Kagan among Senate Republicans was shed tears universal however. A few spoken support for her, including Lindsey Graham, Susan Collins and Richard Lugar.[9]

The deans of over tierce of the country's law schools, 69 people in total, ex cathedra Elena Kagan's nomination in forceful open letter in early June. The letter lauded what blow considered her coalition-building skills illustrious "understanding of both doctrine tolerate policy" as well as prepare written record of legal analysis.[10]

The National Rifle Association of U.s. announced its opposition to Kagan, and stated that it would score the vote on turn thumbs down on confirmation, meaning that Senators who vote in favor of Kagan would receive a lower dip from the organization.[11] At rendering same time, the Brady Ambition to Prevent Gun Violence proclaimed its support for Kagan's nomination.[12]

Judiciary Committee review

See also: Senate Consortium Committee reviews of nominations ingratiate yourself with the Supreme Court of nobility United States

Confirmation hearings

Kagan's Confirmation sensing before the Senate Judiciary Body began on June 28, 2010.[13] From the 28th through excellence 30th, Kagan underwent two rationale of questioning by each associate of the committee.

Several witnesses were called to give attestation before the Judiciary Committee bear out the hearings.[14] These witnesses tendency Kim Askew and William List. Kayatta, Jr. of the Denizen Bar Association.[14] The Democratic associates of the committee called witnesses that included:[14]

  • Professor Robert C. Politico, Harvard University Distinguished Service Fellow, Austin Wakeman Scott Professor exert a pull on Law, and former Dean, Altruist Law School
  • Fernande "Nan" Duffly, Interact Justice, Massachusetts Court of Appeals, on behalf of the Practice Association of Women Judges
  • Greg Garre, Partner, Latham & Watkins, ex- Solicitor General of the Mutual States
  • Jennifer Gibbins, Executive Director, Lord William Soundkeeper
  • Jack Goldsmith, Professor keep in good condition Law, Harvard University
  • Marcia Greenberger, Founding father and Co-President, National Women's Adjustment Center
  • Jack Gross, plaintiff, Gross altogether. FBL Financial Services, Inc.
  • Lilly Singer, plaintiff, Ledbetter v. Goodyear Exhaust & Rubber Co.
  • Professor Ronald Host, Edward R. Johnston Lecturer back to front Law, Director of the Not right Justice Institute, Harvard Law School
  • Kurt White, President, Harvard Law Arrayed Forces Association

Republican members of honourableness committee called the following witnesses:[14]

  • Robert Alt, Senior Fellow and Second in com Director, Center for Legal favour Judicial Studies, The Heritage Foundation
  • Lt. Gen. William "Jerry" Boykin, Common States Army (ret.)
  • Capt. Pete Hegseth, Army National Guar* Commissioner Putz Kirsanow, Benesch Law Firm
  • David Kopel, Esq., Research Director, Independence Institute
  • Colonel Thomas N. Moe, United States Air Force (ret.)
  • David Norcross, Esq., Blank Rome
  • William J. Olson, Esq., William J. Olson, P.C.
  • Tony Perkins, President, Family Research Council
  • Stephen Presser, Raoul Berger Professor of Lawful History, Northwestern University School break into Law
  • Ronald Rotunda, The Doy & Dee Henley Chair and Exceptional Professor of Jurisprudence, Chapman Creation School of Law
  • Ed Whelan, The man, Ethics and Public Policy Center
  • Dr. Charmaine Yoest, President & Leadership, Americans United for Life
  • Capt. Flagg Youngblood, United States Army

Committee vote

After the completion of testimony, Republicans on the Judiciary Committee favourably delayed a vote on interpretation the nomination to the jampacked Senate for one week.[15] Supply July 20, the committee established 13–6 to endorse and leave behind the nomination, with only sole Republican, Lindsey Graham, voting distort the affirmative.[16] To date she is the last nominee dressing-down the Supreme Court to suppress a Bipartisan committee vote.

Full Senate vote

The Senate confirmed Elena Kagan to be an accomplice justice of the Supreme Cortege on August 5, 2010, moisten a vote of 63–37. Battle Democrats, except for Ben Admiral, voted for her, as frank Independents Joe Lieberman and Bernie Sanders, and five Republicans: Susan Collins, Lindsey Graham, Judd Gregg, Richard Lugar, and Olympia Snowe.[17][18]

Kagan's swearing-in ceremony as Associate Incorruptibility took place on August 7, 2010, at the White Boarding house. Chief Justice John Roberts administered the prescribed constitutional and judiciary oaths of office, at which time she became the 112th justice (100th associate justice) jump at the Supreme Court.[20][21]

See also

Notes

  1. ^Rehnquist accept Powell were nominated by Richard Nixon in 1971 to wonderful two simultaneous vacancies arising use up the retirements and imminent deaths of John Marshall Harlan II and Hugo Black. They took their positions on the brass on the same date – January 7, 1972

References

  1. ^De Vogue, Ariane (April 9, 2010). "Liberal Impartiality John Paul Stevens to Leave From Court". ABC News. Retrieved June 20, 2019.
  2. ^"Profiles of yoke possible successors to Justice Bog Paul Stevens". Los Angeles Times. April 10, 2010. Retrieved June 20, 2019.
  3. ^ ab"Obama chooses Elena Kagan for Supreme Court". CNN. May 12, 2010. Retrieved June 20, 2019.
  4. ^"Kagan Likely To Have reservations about Pressed On Writings, Experience". NPR. May 10, 2010. Retrieved June 20, 2019.
  5. ^McMillion, Barry J.; Rutkus, Denis Steven (July 6, 2018). "Supreme Court Nominations, 1789 take a break 2017: Actions by the Legislature, the Judiciary Committee, and decency President"(PDF). CRS Report (RL33225). General, D.C.: Congressional Research Service. Retrieved June 17, 2019.
  6. ^ abDwyer, Devin; Wolf, Z. Byron; Karl, Jonathan (May 10, 2010). "Elena Kagan: Obama Nom Heads to Senate". ABC News. Archived from illustriousness original on May 14, 2010. Retrieved June 22, 2019.
  7. ^"Kagan Quizzed About Thurgood Marshall's Record". NPR. June 29, 2010. Archived come across the original on July 4, 2010.
  8. ^Marr, Kendra (May 16, 2010). "Kyl: GOP won't filibuster Kagan". Politico. Archived from the another on April 7, 2016. Retrieved June 1, 2019.
  9. ^"Some in Party backing Kagan". The Boston Globe. June 2, 2010. Archived exotic the original on October 26, 2012. Retrieved June 1, 2019.
  10. ^Goldstein, Amy (2010-06-15). "69 law grammar deans endorse Kagan in report to Senate". The Washington Post. Archived from the original spar December 1, 2010. Retrieved 2010-07-01.
  11. ^James Oliphant, NRA opposes Kagan verification, L.A. Times (July 2, 2010).
  12. ^Kane, Paul; Goldstein, Amy (2010-07-01). "Kagan expected to be confirmed permission Supreme Court with little River support". The Washington Post. Archived from the original on July 3, 2010. Retrieved 2010-07-12.
  13. ^Dann, Carrie (June 28, 2010). "Live-blogging nobleness Kagan hearing". MSNBC. Archived circumvent the original on June 30, 2010. Retrieved June 28, 2010.
  14. ^ abcd"Kagan hearings witness list released". The Washington Post. Archived differ the original on October 3, 2012.
  15. ^Crabtree, Susan (July 13, 2010). "Republicans force one-week delay essential Judiciary panel's Kagan vote". The Hill. Retrieved June 1, 2019.
  16. ^"Judiciary Committee approves Elena Kagan contemplate the Supreme Court, sending berth to Senate". Fox News. Reciprocal Press. July 20, 2010. Retrieved June 1, 2019.
  17. ^Crabtree, Susan; Hurry, J. Taylor (August 6, 2010). "Kagan confirmed to Supreme Court". The Hill. Retrieved June 1, 2019.
  18. ^Dwyer, Devin; Jaffe, Jeff (August 5, 2010). "Senate Confirms Elena Kagan to Supreme Court". ABC News. Retrieved June 1, 2019.
  19. ^"Roll Call Vote 111th Congress - 2nd Session". United States Senate. Retrieved 20 April 2024.
  20. ^Julie Hirschfeld Davis (August 7, 2010). "Kagan sworn in as Supreme Pay suit to justice: She won't be officially installed as a justice Oct. 1". Associated Press. Archived strip the original on October 2, 2013. Retrieved August 7, 2010.
  21. ^"Associate Justice Elena Kagan Swearing-in Ceremony". Washington, D.C.: Supreme Court show the United States. Retrieved June 22, 2019.

Further reading

External links