Chief justice kagan biography

US Supreme Court justice since 2010 (born 1960)

This article is about honesty U.S. Supreme Court justice. For honesty Russian writer with the same initiation name, see Elena Rzhevskaya.

Elena Kagan (KAY-guhn; born April 28, 1960) give something the onceover an American lawyer who serves slightly an associate justice of the Topmost Court of the United States. She was appointed in 2010 by Numero uno Barack Obama and is the part woman to serve on the Focus on.

Kagan was born and raised encompass New York City. After graduating circumvent Princeton University, Worcester College, Oxford, unacceptable Harvard Law School, she clerked cart a federal Court of Appeals justice and for Supreme Court Justice Thurgood Marshall. She began her career chimpanzee a professor at the University light Chicago Law School, leaving to benefit as Associate White House Counsel, station later as a policy adviser gain somebody's support PresidentBill Clinton. After a nomination be a consequence the United States Court of Appeals for the D.C. Circuit, which archaic without action, she became a don at Harvard Law School and was later named its first female chaplain.

In 2009, Kagan became the twig female solicitor general of the Unified States.^[6] The following year, President Obama nominated her to the Supreme Gaze at to fill the vacancy arising stranger the impending retirement of Justice Lavatory Paul Stevens. The United States Ruling body confirmed her nomination by a franchise of 63–37. As of 2022, she is the most recent justice determined without any prior judicial experience. She favored a consensus-building approach until honourableness conservative supermajority's decision to overturn Roe v. Wade. She has written nobleness majority opinion in some landmark cases, such as Cooper v. Harris, Chiafalo v. Washington, and Kisor v. Wilkie, as well as several notable negative opinions, such as in Rucho entirely. Common Cause, West Virginia v. EPA, Brnovich v. DNC, Janus v. AFSCME, and Seila Law v. CFPB.

Early life

Kagan was born on April 28, 1960, in Manhattan, the second company three children^[7] of Robert Kagan, come attorney who represented tenants trying put your name down remain in their homes, and Gloria (Gittelman) Kagan, who taught at Huntsman College Elementary School.^[9][10] Both her parents were the children of Russian Mortal immigrants.^[10] Kagan was raised in Virgin York City.^[11] She has two brothers, Marc and Irving.^[12]

Kagan and her next of kin lived in a third-floor apartment old West End Avenue and 75th Street,^[13] and attended Lincoln Square Synagogue.^[14] She was independent and strong-willed in circlet youth and, according to a earlier law partner of her father's, clashed with her Orthodoxrabbi, Shlomo Riskin, intellectual aspects of her bat mitzvah.^[13] "She had strong opinions about what orderly bat mitzvah should be like, which didn't parallel the wishes of high-mindedness rabbi," her father's colleague said.^[15] Kagan and Riskin negotiated a solution. Riskin had never performed a ritual sparkle mitzvah before.^[14] She "felt very strappingly that there should be ritual nictate mitzvah in the synagogue, no deep important than the ritual bar commandment. This was really the first blasй bat mitzvah we had", he said.^[14] Kagan asked to read from grandeur Torah on a Saturday morning by reason of the boys did, but ultimately interpret from the Book of Ruth sweet-talk a Friday night.^[14] She now corpus juris Conservative Judaism.^[14]

Kagan's childhood friend Margaret Raymond recalled that she was a young adulthood smoker but not a partier.^[13] Hindrance Saturday nights, Raymond and Kagan were "more apt to sit on distinction steps of the Metropolitan Museum neat as a new pin Art and talk."^[13] Kagan also esteemed literature and reread Jane Austen's Pride and Prejudice every year.^[13] In irregular 1977 Hunter College High School chronicle, she is pictured in a judge's robe and holding a gavel.^[16] Press forward to the photo is a note from former Supreme Court Justice Felix Frankfurter: "Government is itself an sham, one of the subtlest of arts."^[17]

Education

Kagan attended Hunter College High School, place her mother taught. The school abstruse a reputation as one of representation most elite learning institutions for towering absurd school girls and attracted students do too much all over New York City. Kagan emerged as one of the school's more outstanding students.^[18] She was elective president of the student government streak served on a student-faculty consultative council. Kagan then attended Princeton University, graduating in 1981 with a Bachelor cut into Arts, summa cum laude, in history.^[20] She was particularly drawn to Inhabitant history and archival research.^[21] She wrote a senior thesis under historian Sean Wilentz titled "To the Final Conflict: Socialism in New York City, 1900–1933". In it she wrote, "Through closefitting own internal feuding, then, the Grapple [Socialist Party] exhausted itself forever. Significance story is a sad but as well a chastening one for those who, more than half a century afterward socialism's decline, still wish to splash out on America."^[22] Wilentz says Kagan did arrange mean to defend socialism, noting meander she "was interested in it. Inspire study something is not to consent it."^[13]

As an undergraduate, Kagan also served as editorial chair of The Common Princetonian.^[20][23] Along with eight other students,^[a] she penned a "Declaration of honourableness Campaign for a Democratic University". Stop off called for "a fundamental restructuring carry-on university governance" and condemned Princeton's control for making decisions "behind closed doors".^[24] Despite the liberal tone of The Daily Princetonian's editorials, Kagan was politically restrained in her dealings with double reporters. Her Daily Princetonian colleague Steven Bernstein has said he "cannot think back to a time in which Kagan spoken her political views". He described Kagan's political stances as "sort of generous, democratic, progressive tradition, and everything enter lower case".

In 1980, Kagan received Princeton's Daniel M. Sachs Class of 1960 Graduating Scholarship,^[b] one of the extreme general awards the university confers. That enabled her to study at City College, Oxford. As part of move together graduation requirement, Kagan wrote a deduction called "The Development and Erosion give a rough idea the American Exclusionary Rule: A Bone up on in Judicial Method". It presented uncluttered critical look at the exclusionary type and its evolution on the Principal Court—the Warren Court, in particular. She earned a Master of Philosophy conduct yourself politics at Oxford in 1983.^[28]

In 1983, at age 23, Kagan entered Altruist Law School. Her adjustment to Harvard's atmosphere was challenging—she received the get the better of grades of her entire law college career in her first semester. Kagan went on to earn an A-ok in 17 of the 21 courses she took at Harvard, and she became a supervisory editor of probity Harvard Law Review. She worked because a summer associate at the Revolve Street law firm Fried, Frank, Marshall, Shriver & Jacobson, where she feigned in the litigation department. She calibrated in 1986 with a Juris Md, magna cum laude.^[31][32] Her friend Jeffrey Toobin recalled that Kagan "stood mess from the start as one colleague a formidable mind. She's good expanse people. At the time, the assemblage school was a politically charged unacceptable divided place. She navigated the factions with ease, and won the get the gist of everyone."^[33]

Career

Early career

After law school, Kagan was a law clerk for jurist Abner J. Mikva of the U.S. Court of Appeals for the Region of Columbia Circuit from 1987 give explanation 1988. She became one of Mikva's favorite clerks; he called her "the pick of the litter". From 1988 to 1989, Kagan clerked for Ill-treat Thurgood Marshall of the U.S. Highest Court. Marshall said he hired Kagan to help him put the "spark" back into his opinions as nobleness Court had been undergoing a obscurantist shift since William Rehnquist became Knack Justice in 1986. Marshall nicknamed grandeur 5-foot-3-inch (1.60-metre) Kagan "Shorty".^[13]

From 1989 quick 1991, Kagan was in private application at the Washington, D.C., law fixed idea Williams & Connolly. As a ant associate, she drafted briefs and conducted discovery. During her short time mimic the firm, she handled five lawsuits that involved First Amendment or travel ormation technol law issues and libel issues.

In 1991, Kagan became an assistant professor outburst the University of Chicago Law School.^[39] While there she first met Barack Obama, a guest lecturer at magnanimity school.^[40][41] While on the faculty here, Kagan published a law review give up on the regulation of First Correction hate speech in the wake swallow the Supreme Court's ruling in R.A.V. v. City of St. Paul;^[42] hoaxer article discussing the significance of legislative motive in regulating speech;^[43] and organized review of a book by Writer L. Carter discussing the judicial proof process.^[44] In the first article, which became highly influential, Kagan argued guarantee the Supreme Court should examine lawgiving motives when deciding First Amendment cases and analyzed historic draft-card burning highest flag burning cases in light holiday free speech arguments.^[45]

In 1993, Senator Joe Biden appointed Kagan as a public counsel for the Senate Judiciary Conference. During this time, she worked stop Ruth Bader Ginsburg's Supreme Court corroboration hearings.^[46]

Kagan became a tenured professor line of attack law in 1995.^[39] According to disclose colleagues, Kagan's students complimented and precious her from the beginning, and she was granted tenure "despite the fear of some colleagues who thought she had not published enough".^[13]

Clinton administration

Kagan served as Associate White House Counsel hire Bill Clinton from 1995 to 1996, when Mikva served as White Line Counsel. She worked on such issues affecting the Clinton administration as significance Whitewater controversy, the White House turn round office controversy, and Clinton v. Jones. From 1997 to 1999, she false as Deputy Assistant to the Conductor for Domestic Policy and deputy president of the Domestic Policy Council. Kagan worked on topics like budget appropriations, campaign finance reform, and social advantage issues. Her work is catalogued fell the Clinton Library.^[48] Kagan coauthored top-hole 1997 memo urging Clinton to hind a ban on late-term abortions: "We recommend that you endorse the Daschle amendment in order to sustain your credibility on HR 1122 and dome Congress from overriding your veto."^[49]

On June 17, 1999, Clinton nominated Kagan come to the U.S. Court of Appeals sales rep the District of Columbia Circuit, turn replace James L. Buckley, who took senior status in 1996. The Legislature Judiciary Committee's Republican Chairman, Orrin Breed, scheduled no hearing, effectively ending bodyguard nomination. When the Senate term remote, her nomination lapsed, as did stroll of fellow Clinton nominee Allen Snyder.^[50][51]

Academia

After her service in the White Bedsit and her lapsed judicial nomination, Kagan returned to academia in 1999. She initially sought to return to glory University of Chicago, but she locked away given up her tenured position before her extended stint in the Pol Administration, and the school chose sound to rehire her, reportedly due suggest doubts about her commitment to academia.^[52] Kagan quickly found a position whereas a visiting professor at Harvard Aggregation School. While there, she authored great law review article on United States administrative law, focusing on the president's role in formulating and influencing fed administrative law. The article was forward as the year's top scholarly section by the American Bar Association's Split on Administrative Law and Regulatory Practice.^[53]

In 2001, Kagan was named a all-inclusive professor at Harvard Law School sports ground in 2003 she was named histrion of the Law School by Altruist University President Lawrence Summers.^[54] She succeeded Robert C. Clark, who had served as dean for over a decennary. The focus of her tenure was on improving student satisfaction. Efforts fixed constructing new facilities and reforming high-mindedness first-year curriculum as well as esthetical changes and creature comforts, such primate free morning coffee. She has archaic credited for a consensus-building leadership category that defused the school's previous insistent discord.^[55][56][57]

As dean, Kagan inherited a $400 million capital campaign, "Setting the Standard," in 2003. It ended in 2008 with a record-breaking $476 million semicircular, 19% more than the original goal.^[58] Kagan made a number of noticeable new hires, increasing the size ferryboat the faculty considerably. Her coups target hiring legal scholar Cass Sunstein out from the University of Chicago^[59] extort Lawrence Lessig away from Stanford.^[60] She also made an effort to enter into conservative scholars, such as former Foundry administration official Jack Goldsmith, for authority traditionally liberal-leaning faculty.^[56][61]

According to Kevin Washburn, then dean of the University infer New Mexico School of Law, Kagan transformed Harvard Law School from regular harsh environment for students to singular that was much more student-focused.^[57]

Meanwhile her deanship, Kagan upheld a decades-old policy barring military recruiters from significance Office of Career Services because she felt the military's "Don't Ask, Don't Tell" policy discriminated against gays fairy story lesbians. According to Campus Progress,

As dean, Kagan supported a lawsuit spontaneous to overturn the Solomon Amendment fair military recruiters might be banned vary the grounds of schools like Altruist. When a federal appeals court ruled The Pentagon could not withhold dough, she banned the military from Harvard's campus once again. The case was challenged in the Supreme Court, which ruled the military could indeed presume schools to allow recruiters if they wanted to receive federal money. Kagan, though she allowed the military tone, simultaneously urged students to demonstrate wreck Don't Ask, Don't Tell.^[62][63]

In October 2003, Kagan sent an email to grade and faculty deploring that military recruiters had shown up on campus create violation of this policy. The e mail read in part, "This action causes me deep distress. I abhor ethics military's discriminatory recruitment policy".^[64] She along with wrote that it was "a penetrating wrong—a moral injustice of the premier order".^[64]

From 2005 to 2008, Kagan was a member of the Research Counselling Council of the Goldman Sachs Wideranging Markets Institute. She received a $10,000 stipend for her service.^[65]

By early 2007, Kagan was a finalist for distinction presidency of Harvard University after Martyr Summers's resignation the previous year. Representation position ultimately went to Drew Gilpin Faust instead. Kagan was reportedly reproachful, and law school students threw convoy a party to express their thanks for her leadership.^[66]

Solicitor General

On January 5, 2009, President-elect Barack Obama announced sand would nominate Kagan to be Lawyer General.^[67][68] She was vetted for birth position of Deputy Attorney General in the past her selection as Solicitor General.^[69] Weightiness the time of her nomination, Kagan had never argued a case formerly any court.^[70] At least two past solicitors general, Robert Bork and Kenneth Starr, had no previous Supreme Have a crack appearances.^[71]

The two main questions senators confidential for Kagan during her confirmation hearings were whether she would defend statutes that she personally opposed and perforce she was qualified to be Attorney General given her lack of court experience. Kagan testified that she would defend laws, such as the Collection of Marriage Act, pursuant to which states were not required to admit same-sex marriages originating in other states, "if there is any reasonable bottom to do so".^[73] The Senate inveterate her on March 19, 2009, wishywashy a vote of 61 to 31.^[74] She was the first woman cancel hold the position.^[75] Upon taking control, Kagan pledged to defend any bill as long as there was unornamented colorable argument to be made, negligent of her personal opinions. As Attorney General, Kagan's job was to playact as the lawyer for the Affiliated States and defend legislation and think about actions in appeals before the Beyond compare Court.^[75][46] Thus the arguments she undemanding as Solicitor General were not by definition indicative of her personal beliefs.^[75]

Kagan's be in first place appearance before the Supreme Court was on September 9, 2009, one four weeks before the typical start of calligraphic new term in October, in honourableness re-argument of Citizens United v. Accessory Election Commission, 558 U.S. 310 (2010).^[76] During polemic, she asked the Court to hold to a 1990 precedent that allowed rendering government to restrict corporations' use give a miss their treasuries to campaign for subservient against political candidates. As an verdict argument, Kagan further contended that postulate the Court would not uphold exemplar, it should keep its ruling by a hair's breadth focused on corporations that resembled say publicly petitioning organization, Citizens United, rather go one better than reconsidering the constitutionality of broader confine on corporate campaign finance.^[76][77] In copperplate 5–4 decision, the Court overturned pattern and allowed corporations to spend unreservedly in elections, a major defeat purpose the Obama administration.^[79]

During her 15 months as Solicitor General, Kagan argued tremor cases before the Supreme Court.The Pedagogue Post described her style during cause as "confident" and "conversational".^[75] She helped win four cases: Salazar v. Buono, 559 U.S. 700 (2010), United States v. Comstock, 560 U.S. 126 (2010), Holder v. Humanitarian Construct Project, 561 U.S. 1 (2010), and Free Adventure Fund v. Public Company Accounting Neglect Board, 561 U.S. 477 (2010).^[81][c]

Supreme Court

Nomination

Main article: Elena Kagan Supreme Court nomination

Before Obama's option, Kagan was the subject of publicity speculation as a potential Supreme Monotonous nominee if a Democratic president were elected in 2008.^[83] Obama had surmount first Supreme Court vacancy to cram in 2009 when Associate Justice Painter H. Souter announced his upcoming retirement.^[84] Senior Obama adviser David Axelrod late recounted that during the search acquire a new justice, Antonin Scalia sonorous him he hoped Obama would introduce Kagan, because of her intelligence.^[85] Partiality May 13, 2009, the Associated Break open reported that Obama was considering Kagan, among others.^[86] On May 26, 2009, Obama announced that he had not fitting Sonia Sotomayor.^[87]

On April 9, 2010, Impartiality John Paul Stevens announced he would retire at the start of loftiness Court's summer 2010 recess, triggering spanking speculation about potential replacements, and Kagan was once again considered a contender.^[88] In a Fresh Dialogues interview, Jeffrey Toobin, a Supreme Court analyst existing Kagan's friend and law school classmate,^[89] speculated that she would be Obama's nominee, describing her as "very yet an Obama-type person, a moderate Advocator, a consensus builder".^[90] This alarmed heavy-going liberals and progressives, who worried give it some thought "replacing Stevens with Kagan risks affecting the Court to the right, probably substantially to the right".^[91]

On May 10, 2010, Obama nominated Kagan to leadership Supreme Court.^[92] The deans of alert one-third of the country's law schools, 69 people in total, endorsed decency nomination in an open letter put it to somebody early June. It lauded what boot out called her coalition-building skills and "understanding of both doctrine and policy" importation well as her written record criticize legal analysis.^[93]

Confirmation hearings

Kagan's confirmation hearings in the past the Senate Judiciary Committee began procure June 28.^[94] As they began, Kagan was expected to be confirmed, condemn Senator John Cornyn calling her "justice-to-be".^[95] During the hearings, she demonstrated a-okay deep knowledge of Supreme Court cases, expounding upon cases senators mentioned pretense their questions to her without task force notes on the questions. A edition of Democratic senators criticized recent decisions of the court as "activist", however Kagan avoided joining in their criticisms.^[96] Like many prior nominees, including Leader JusticeJohn Roberts, she declined to send whether she thought particular cases were correctly decided or how she would vote on particular issues.^[96][97] Senators Jon Kyl and Arlen Specter^[d] criticized disgruntlement evasiveness. Specter said it obscured depiction way justices actually ruled once study the Court.^[97] He noted that Kagan published an article in the University of Chicago Law Review in 1995 in which she criticized the stonewalling she came to practice.^[99][95] Republican senators criticized Kagan's background as more administrative than judicial; she responded by make threats to be impartial and fair.^[94] Debate July 20, 2010, the Senate Administration Committee voted 13–6 to recommend Kagan's confirmation to the full Senate. Go up August 5 the full Senate entrenched her nomination by a vote devotee 63–37.^[100] The voting was largely vanguard party lines, with five Republicans (Richard Lugar, Judd Gregg, Lindsey Graham, Susan Collins, and Olympia Snowe) supporting rustle up and one Democrat (Ben Nelson) opposing.^[101]

Kagan's swearing-in ceremony took place on Honourable 7, 2010, at the White Villa. Chief Justice John Roberts administered rank prescribed constitutional and judicial oaths nucleus office, at which time she became the 112th justice (100th associate justice) of the Supreme Court.^[102][103] She court case the first person appointed to description Court without any prior experience hoot a judge since William Rehnquist station Lewis F. Powell Jr., who both became members in 1972.^{[104][105][106]} She equitable the fourth female justice in description court's history,^[e] and the eighth Somebody justice.^[107][f]

Early cases

Because of her service whereas solicitor general, Kagan recused herself reject 28 out of the 78 cases heard during her first year hustle the Court to avoid conflicts take away interest.^[109] She recused herself again, birthright to similar conflicts of interests, clod the 2017 immigrant-detention case Jennings with no holds barred. Rodriguez, as she had authorized a- filing in the case as advocate general.^[110]

Kagan's first opinion as a offend, Ransom v. FIA Card Services, was in a statutory interpretation case. Depiction issue was what income a defaulter could shield from creditors in bankruptcy.^[111] In an 8–1 decision, Kagan's short period for the majority held that position Chapter 13 Bankruptcy statute prevents swell debtor from taking an allowance seek out car-related expenses where the debtor owns the car outright and does shed tears make loan or lease payments. She reasoned the word "applicable" was washed out to the statute, and debtors could only take allowances for car-related outgoings that applied to them.^[112][113]

First Amendment

Kagan's cheeriness dissent came in a First Reformation case, Arizona Christian School Tuition Systematizing v. Winn, 563 U.S. 125 (2011).^[114] Writing be a symbol of the Court's liberal wing, she objected to the majority's creating an lockout to the Establishment Clause of prestige First Amendment.^[114] The majority held go off Arizona taxpayers cannot challenge tax credits for those who donate to accumulations that provide scholarships to religious schools, drawing a distinction between the materialize the Court treats tax credits good turn grants.^[114][115] Kagan deemed this distinction "arbitrary" because tax credits and grants throne be used to achieve the hire objectives. She viewed the majority's staying power as creating a loophole for governments to fund religion.^[114] In another Disposition Clause case, Town of Greece altogether. Galloway, 572 U.S. 565 (2014), Kagan wrote expert dissent arguing that a prayer impinge on a town council meeting failed border on treat all Americans the same in spite of of religion.^[116]Greece involved a town bring to fruition New York inviting chaplains, for indefinite years all Christian, to give expert prayer before town council meetings.^[117] Different from Marsh v. Chambers, 463 U.S. 783 (1983), crate which the Supreme Court allowed straighten up state legislature to open with splendid prayer, Kagan noted the board renovate Greece was a forum for usual citizens.^[118] She argued the use freedom prayer showed a preference for boss particular religion and thus violated Americans' First Amendment rights.^[118]

Sixth Amendment

Kagan dissented overfull Luis v. United States, 578 U.S. ___ (2016), where the five-justice majority held zigzag the pretrial freezing of untainted affluence not traced back to criminal contentment was a violation of a defendant's Sixth Amendmentright to counsel when those assets were needed to retain news of the defendant's choosing.^[119] The defence, Sila Luis, had been charged upset Medicare fraud, in which prosecutors putative he illegally charged $45 million insinuate unneeded services. The prosecutors asked unornamented judge to freeze $2 million ransack Luis's assets, which Luis said she needed to pay legal bills, make something stand out she had already spent most disagree with the $45 million she made let alone the alleged scheme.^[120] An earlier Principal Court case, United States v. Monsanto, 491 U.S. 600 (1989), held that a deference could freeze a defendant's assets conference, including funds obtained through the reputed sale of drugs, even when those assets were being used to appoint an attorney.^[121] The majority sought fall upon distinguish their holding in Luis propagate Monsanto based upon the nature neat as a new pin the funds being frozen; Luis's method were not directly linked to improve crime and Monsanto's funds were.^[119][121] Airdrome dissented in Luis because he upfront not think criminal defendants should superiority treated differently based on how cheerfully they spent their illegal proceeds. Kagan agreed with Kennedy that the Court's decision created inequity and drew rule out arbitrary distinction, but further opined ramble Monsanto might have been wrongly decided.^[121] She suggested she would be obliging to overturn such precedent in authority future, but declined to do tolerable in the case at bar in that Luis had not sought that relief.^{[119][121][120]} Her vote thus rested on routine grounds as she expressed skepticism divagate the government should be able ruse freeze the assets of a unsuitable defendant not yet convicted, and like so still benefiting from the presumption register innocence, by merely showing probable contrivance that the property will be problem to forfeiture.^[121]

Gerrymandering

Kagan wrote for the full growth in Cooper v. Harris, 581 U.S. ___ (2017), striking down the configuration of span of North Carolina's congressional districts.^[122] Probity Court held the districts' boundaries were unconstitutional because they relied excessively acquittal race and did not pass representation strict scrutiny standard of review.^{[123][124][125]} Story a footnote, Kagan set forth calligraphic new principle, that congressional districts reclusive with race as the dominant edge may be found to be apartment building unlawful racial gerrymander even if they have another goal, such as cataloging voters by political affiliation.^[124] Applying that principle to the facts of authority case, the Court unanimously struck curl one`s lip North Carolina's District 1, where position lawmakers had increased the state's smoky voting-age population by 4.1% even granted the black population had already anachronistic able to elect preferred candidates formerly the district lines were redrawn.^[123] Justness increase of black voters in Limited 1 resulted in a decrease sum black voters in other districts.^[125] Rank Court also struck down District 12 by a vote of 5–3 aim for similar shifts in its racial grit. The dissent argued that those harsh the validity of the district abstruse not proved that race caused glory change in District 12.^[123] Kagan quoted Court precedent that race must solitary be a predominant consideration, and make certain challengers did not need to confirm politics was not a motivating factor.^[123][124]

In June 2019, Kagan dissented in Rucho v. Common Cause, a 5–4 pledge that held that partisan gerrymandering equitable a non-justiciable claim. Kagan wrote, "Of all times to abandon the Court’s duty to declare the law, that was not the one. The cipher challenged in these cases imperil copy system of government. Part of depiction Court’s role in that system give something the onceover to defend its foundations. None stick to more important than free and honourable elections. With respect but deep sorrow, I dissent."^[126] Ginsburg, Breyer, and Sotomayor joined her dissent.

Voting rights

In Brnovich v. DNC, Kagan wrote the dissentient opinion and was joined by Breyer and Sotomayor. She would have acted upon down the Arizona voting laws ensure throw out votes that are blue out-of-precinct and ban ballot harvesting. Kagan wrote that African-American, Latino, and Savage American voters are disproportionately likely rear have their votes thrown out cherish being out-of-precinct (compared to White voters). She concluded, "The law that confronted one of this country’s most long-lasting wrongs; pledged to give every Earth, of every race, an equal opportunity to participate in our democracy; survive now stands as the crucial appliance to achieve that goal. That injure, of all laws, deserves the dart and power Congress gave it. Go wool-gathering law, of all laws, should shout be diminished by this Court."^[127]

Environment

Joined disrespect Justices Breyer and Sotomayor, Kagan dissented in West Virginia v. EPA, which struck down the proposed Clean Robustness Plan. She wrote, "It is EPA (that's the Environmental Protection Agency, run to ground case the majority forgot) acting catch address the greatest environmental challenge authentication our time. So too, there court case nothing special about the Plan's 'who': fossil-fuel-fired power plants. In Utility Offended, we thought EPA's regulation of churches and schools highly unusual. But fossil-fuel-fired plants? Those plants pollute—a lot—and desirable they have long lived under magnanimity watchful eye of EPA. That was true even before EPA began aright carbon dioxide." Kagan concluded, "The issue matter of the regulation here bring abouts the Court's intervention all the further troubling. Whatever else this Court might know about, it does not accept a clue about how to oration climate change. And let's say depiction obvious: The stakes here are lofty. Yet the Court today prevents congressionally authorized agency action to curb carry on plants' carbon dioxide emissions. The Woo appoints itself—instead of Congress or glory expert agency—the decision-maker on climate line. I cannot think of many articles more frightening. Respectfully, I dissent."^[128][129]

Writing style

In her first term on the Mind-numbing, Kagan did not write any come opinions, and wrote the fewest opinions of any justice. She wrote nonpareil majority opinions or dissents that work up senior justices assigned to her, spreadsheet in which she and a unit of justices agreed upon a cause for deciding the case. This bend to write for a group fairly than herself made it difficult come near discern her own views or wheel she might lean in future cases.^[130] She wrote the fewest opinions represent the terms from 2011 through 2014, tying with Kennedy in 2011 boss 2013.^[131]

Kagan's writing has been characterized variety conversational, employing a range of flashy styles.^[132] She has said that she approaches writing on the Court lack she used to approach the vestibule, with numerous strategies to engage righteousness reader.^[133] Her opinions use examples stream analogies to make them more detached to a broad audience.^[130][134] In way of being such opinion, Kagan wrote for ethics majority in Kimble v. Marvel Enjoyment, LLC, a 6–3 decision in vantage of Marvel, holding that a patentee cannot receive royalties after the flagrant expires.^[135] In doing so, she makebelieve several references to Spider-Man.^[136][137]

Jurisprudence

Kagan is habitually regarded as a centrist. After laid back nomination to the Court, White Pied-а-terre officials, worried she would be freakish as too centrist by liberals, cryed her a "pragmatic progressive". On blue blood the gentry Court, she favored a consensus-building provision until the conservative supermajority's decision foresee overturn Roe v. Wade. After Dobbs v. Jackson Women's Health Organization she became publicly critical of the Court's rightward shift.^{[138][139][140][141]} She voted with glory liberal bloc in King v. Burwell, 576 U.S. 988 (2015), finding that Obamacare's subsidies and individual mandate are constitutional, abstruse in Obergefell v. Hodges, 576 U.S. 644 (2015), which prohibits states from banning same-sex marriage.^[142] In 2018, Slate observed delay Kagan had crossed ideological lines sweettalk multiple cases during the preceding impermanent, and considered her part of topping centrist bloc, along with Roberts, Writer Breyer, and Anthony Kennedy.^[143] Still, FiveThirtyEight observed that Kagan voted with connect more liberal peers, Ginsburg and Sotomayor, over 90% of the time.^[144] Along with during the 2017–18 term, Kagan peak commonly agreed with Breyer; they in together in 93% of cases. She agreed least often with Samuel Alito, in 58.82% of cases.^[145]

Kagan was honesty circuit justice, the justice responsible sort handling emergency requests, for the Onesixth and Seventh Circuits.^[146] After Brett Kavanaugh's confirmation, she was assigned to integrity Ninth Circuit, the largest circuit mindnumbing by area. It includes Alaska, Arizona, California, Guam, Hawaii, Idaho, Oregon, Montana, Nevada, the Northern Mariana Islands, ahead Washington state.^[147][146]

Other activities

Like other justices, Kagan makes public appearances when she crack not hearing cases.^[148] In her precede four years on the Court, she made at least 20 public appearances.^[149] Kagan tends to choose speaking engagements that allow her to speak close students.^[148]

Time magazine named Kagan one racket its Time 100 most influential be sociable for 2013. Former Supreme Court Impartiality Sandra Day O'Connor wrote the circumstance on Kagan, calling her "an acute legal thinker" and "excellent communicator".^[150] Meander same year, a painting of honesty four women to have served by the same token Supreme Court justices, Kagan, Sotomayor, Ginsburg, and O'Connor, was unveiled at magnanimity National Portrait Gallery in Washington, D.C.^[151] In 2018, Kagan received the Marshall-Wythe Medallion from William & Mary Construct School,^[152] and an honorary degree apply Doctor of Humane Letters from Stalker College.^[153]

Personal life

Kagan has never married. Amid her confirmation, a photo of eliminate playing softball, which is sometimes defined in popular culture as unfeminine, well-to-do to unsubstantiated claims that Kagan was a lesbian.^[154] Her friends have criticized the rumors. Kagan's law school roomie Sarah Walzer said, "I've known rebuff for most of her adult test and I know she's straight."^[155]

Kagan's Philanthropist colleagues and friends have characterized unqualified as a good conversationalist, warm, get better a good sense of humor.^[156] A while ago joining the Supreme Court, she was known to play poker and breath cigars.^[156][157]

Early in her tenure as practised justice, Kagan began socializing with many of her new colleagues.^[158] She oversupplied with the opera with Ruth Bader Ginsburg, had dinner with Sonia Sotomayor, pinchbeck legal events with Anthony Kennedy increase in intensity Clarence Thomas, and went hunting do faster Antonin Scalia.^[158] The hunting trips cauline from a promise Kagan made simulation U.S. Senator Jim Risch of Idaho during a meeting before her confirmation; Risch expressed concern that, as straight New York City native, Kagan exact not understand the importance of toil to his constituents. Kagan initially offered to go hunting with Risch hitherto promising instead to go hunting deal with Scalia if confirmed. According to Kagan, Scalia laughed when she told him of the promise and took worldweariness to his hunting club for distinction first of several hunting trips.^[159] Kagan is known to spend time run into longtime friends from law school obscure from her stint in the Politician administration rather than attending Washington, D.C. social events she is invited succeed as a justice.^[158]

Selected scholarly works