Here's what President Obama had to say about the judges he selects:
I think the Constitution can be interpreted in so many ways. And one way is a cramped and narrow way in which the Constitution and the courts essentially become the rubber stamps of the powerful in society. And then there's another vision of the court that says that the courts are the refuge of the powerless. Because oftentimes they can lose in the democratic back and forth. They may be locked out and prevented from fully participating in the democratic process. ... And we need somebody who's got the heart — the empathy — to recognize what it's like to be a young teenage mom. The empathy to understand what it's like to be poor or African-American or gay or disabled or old -- and that's the criteria by which I'll be selecting my judges.
Last week I wrote a diary on Pam Karlan, who would be a fantastic Supreme Court justice. Today, I'm doing one on Elena Kagan, the first female Solicitor General, the former Dean of Harvard Law School, and another qualified candidate who would be an amazing Supreme Court Justice.
Empathy:
I don't know Elena Kagan very well, and, if pressed, I'd bet good money that she doesn't remember me. But I have met her and heard her speak, and many of my friends and colleagues know her well. Everyone is impressed. Like many of the people on President Obama's reported shortlist, she's a genius (see below for her academic qualifications). But, more importantly, she is someone who believes that judges and the courts exist to further the cause of justice and not just to play intellectual games that reinforce the status quo.
I work for a civil rights nonprofit that files lawsuits to protect foster kids. Problems in our nation's foster care system are a national shame - too many kids are re-victimized and too few kids in state custody are given the opportunities they deserve - opportunities that many American children take for granted. These problems can be addressed in our legal system.
As Dean of Harvard Law School, Dean Kagan has shown an impressive commitment to children's issues. She sponsored the Harvard Child Advocacy Program, an excellent program that ensures that Harvard law students use their talents to help needy children and, just as valuably, helps many Harvard law students choose to spend their careers giving opportunities to kids in need instead of choosing a more lucrative career path (their financial loss; our gain!). Dean Kagan has sponsored conferences and repeatedly supported legal efforts to give more opportunities to kids. She believes that the courts can and must be used to advance justice and to protect political minorities - in the 1950s it was this philosophy that lead to Brown v. Board of Education; today it manifests itself in the work of thousands of civil rights lawyers, and the result is a more fair world.
Her progressive bonafides are also pretty interesting. In 1999 President Clinton nominated Solicitor General Kagan to the Court of Appeals for the D.C. Circuit. Republicans blocked her nomination and Bush filled the vacancy with a conservative ideologue. 10 years later, Kagan may be ready for the Supremes.
As Dean of Harvard Law, Kagan had the courage to stand up for equality even when it was politically unpopular. She has openly criticized Don't Ask Don't Tell.
Folks who have more or better stories should post them below.
Intellectual Qualifications:
Like most people Obama is reportedly considering for the Supreme Court, Elena Kagan is brilliant. She graduated from University of Chicago Law School where she then became a professor. She has written numerous law review articles on the First Amendment, including the 2001 article of the year. She was Dean of Harvard Law School and she is now our Solicitor General.
I think she'd be a great justice. What do the rest of you think?