3:14 PM, Jun 29, 2015 • By MARK HEMINGWAY
Over at the blog Legal Insurrection, law professor William Jacobson reminds us of this answer Elena Kagan gave to Senator John Cornyn in her confirmation hearings to be Solicitor General in 2009:
1. As Solicitor General, you would be charged with defending the Defense of Marriage Act. That law, as you may know, was enacted by overwhelming majorities of both houses of Congress (85-14 in the Senate and 342-67 in the House) in 1996 and signed into law by President Clinton.
a. Given your rhetoric about the Don’t Ask, Don’t Tell policy—you called it “a profound wrong—a moral injustice of the first order”—let me ask this basic question: Do you believe that there is a federal constitutional right to samesex marriage?
Answer: There is no federal constitutional right to same-sex marriage.
b. Have you ever expressed your opinion whether the federal Constitution should be read to confer a right to same-sex marriage? If so, please provide details.
Answer: I do not recall ever expressing an opinion on this question.
Emphasis added. Of course, there was no right to constitutional right to same-sex marriage right up until last week when Kagan joined four other justices on the court in creating one. Appropriately enough, your opinion of whether or not Kagan lied to Congress in her confirmation hearings depends on what the meaning of 'is' is.
11:39 AM, Sep 22, 2014 • By DANIEL HALPER
Supreme Court Justice Elena Kagan officiated a same-sex marriage over the weekend, the Associated Press reports. It was her first.
"Justice Elena Kagan has officiated for the first time at a same-sex wedding, a Maryland ceremony for her former law clerk and his husband," reports the AP.
9:45 AM, May 7, 2014 • By ADAM J. WHITE
This week, the Supreme Court affirmed a New York town council's tradition of beginning its meetings with a prayer. In Town of Greece v. Galloway, the court held, by a bare majority, that the First Amendment's Establishment Clause does not prohibit such prayers led by local clergymen, even when the prayers tend to be Christian.
But will the case be heard by 8 justices, or 9?10:12 AM, Nov 15, 2011 • By JEFFREY H. ANDERSON
The U.S. Supreme Court announced that it will hear a challenge to the Obamacare ruling issued by a 3-judge panel of the 11th Circuit Court of Appeals.
10:34 AM, Mar 31, 2011 • By JEFFREY H. ANDERSON
Questions continue to arise about the propriety of having Justice Elena Kagan hear a constitutional challenge to Obamacare.
4:46 PM, Aug 5, 2010 • By JOHN MCCORMACK
Here's a video of ranking judiciary committee Republican Jeff Sessions making his closing argument against Elena Kagan:
3:58 PM, Aug 5, 2010 • By JOHN MCCORMACK
Solicitor General Elena Kagan was confirmed as a United States Supreme Court justice on a 63 to 37 vote this afternoon.
Ben Nelson of Nebraska was the lone Democratic vote against the 50-year-old Kagan. Five Republicans voted for her: Susan Collins and Olympia Snowe (Maine), Judd Gregg (N.H.), Dick Lugar (Ind.), and Lindsey Graham (S.C.).
3:02 PM, Aug 4, 2010 • By JOHN MCCORMACK
Will Senator Ben Nelson of Nebraska be the only Democrat to vote against the confirmation of Elena Kagan? It looks increasingly likely as two other red state Democratic senators announced their support for Kagan yesterday. Senator Blanche Lincoln of Arkansas told Politico that she'll vote for Kagan, and Arkansas's other Democratic senator Mark Pryor said he'll do the same.
3:42 PM, Jul 20, 2010 • By JOHN MCCORMACK
The Hill reports:
Senate Majority Leader Harry Reid (D-Nev.) said Tuesday that he planned a vote on Elena Kagan's appointment to the Supreme Court before the August recess.
1:16 PM, Jul 7, 2010 • By JOHN MCCORMACK
John McCain has an op-ed in USA Today explaining why he is opposing Elena Kagan:
In 1987, I had my first opportunity to provide "advice and consent" on a Supreme Court nominee. At that time, I stated that the qualifications essential for evaluating a nominee for the bench included "integrity, character, legal competence and ability, experience, and philosophy and judicial temperament." On that test, Elena Kagan fails.
"Deference" has no place in "advice and consent."9:50 AM, Jul 2, 2010 • By ADAM J. WHITE
Jack Goldsmith ranks among the very best conservative legal scholars. He also wins acclaim from liberals, who applauded his criticism of the Bush administration's legal arguments supporting aspects of the nation's response to the attacks of 9/11, during his tenure in President Bush's Justice Department.
4:27 PM, Jun 30, 2010 • By JOHN MCCORMACK
This afternoon, Sen. John Cornyn intensified his criticism of Elena Kagan's decision to deny the military access to the office of career services at Harvard Law School. Cornyn suggested that Kagan's policy was to "stigmatize" the military and give it "separate but equal" access to students at Harvard.