Comment On Elena Kagan’s Work For Justice Thurgood Marshall

“Elena Kagan clerked for one of the most revered Justices in American history, Justice Thurgood Marshall.  It is unsurprising that her evaluation of cases as a law clerk were mindful of Justice Marshall’s longstanding jurisprudence, and that her recommendations to him applied the lens through which he viewed cases and the law.  It is surprising, however, to see these documents described by some as ‘newly discovered,’ since they have been publicly available since Justice Marshall left his documents to the Library of Congress upon his passing in 1993.  They were available and known to the Senate last year when we considered and confirmed her nomination to be Solicitor General.

“While these long-available, public documents provide a rare look into history, they are only part of the almost 60,000 pages of materials already available for the Committee’s review.  When the Committee begins the confirmation hearing on Elena Kagan’s nomination on June 28, all members will have the chance to ask her questions about her work for such an historical figure, as well as about her varied and impressive career.  Elena Kagan followed in the footsteps of her mentor, Justice Marshall, when she became the first woman to be Solicitor General of the United States, and like him, she has been nominated to the Supreme Court from that position.  I look forward to her hearing.”

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