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News & Notes: Kagan ’81 confirmed as solicitor general

The solicitor general is appointed to argue for the U.S. government in front of the Supreme Court of the United States whenever the government is party to a case.

Kagan has been a dean at Harvard since 2003, but she has never argued a case before the Supreme Court or any other appellate court. Her appointment as solicitor general has been widely viewed as an indication that she could be a future nominee for Supreme Court justice.

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As the most frequent advocate before the Court, the solicitor general generally presents dozens of cases each term, while experienced private Supreme Court litigators may make fewer than 10 appearances in their careers. Because the position requires a high degree of legal ability and expertise, the Office of the Solicitor General is generally considered to be the highest office for a practicing lawyer in the United States.

“Elena Kagan has the piercing intellect, the superb judgment and the wealth of experience to be an outstanding solicitor general,” Sen. Ted Kaufman (D-Del.), who knew Kagan when she worked for his predecessor, then-Sen. Joe Biden, said in an interview with The Wall Street Journal.

Some senators have questioned the choice of Kagan as solicitor general, citing her lack of appellate advocacy.

“So far as I can observe, other than time in the White House Counsel’s Office, Dean Kagan has practiced law for only two years in a real-world environment,” Sen. Jeff Sessions (R-Ala.) said.

Kagan is not the first solicitor general to be elected without prior experience as an appellate litigator. Past examples include Robert Bork, Wade McCree and Kenneth Starr.

Before working as a dean at Harvard Law School, Kagan was a law professor at the school and at the University of Chicago. She also worked in the White House during the Clinton presidency as a counsel and domestic policy adviser.

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Kagan’s nomination was confirmed late last week in a 61-31 Senate vote. All Democrats voted to approve her nomination, while most Republicans opposed her.

Kagan served as the editorial chair of the 104th Managing Board of The Daily Princetonian.

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