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Judges and Judiciary

May 18, 2010

Elena Kagan: A Troubling Record

Marjorie Cohn of Thomas Jefferson School of Law says history does not support the notion that Solicitor General Elena Kagan, former law clerk for Justice Thurgood Marshall, will follow in his footsteps.

By Marjorie Cohn

After President Barack Obama nominated Elena Kagan for the Supreme Court, he made a statement that implied she would follow in the footsteps of Justice Thurgood Marshall, the civil rights giant and first black Supreme Court justice. Kagan served as a law clerk for Marshall shortly after she graduated from Harvard Law School. Specifically, Obama said that Marshall's "understanding of law, not as an intellectual exercise or words o...

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