CBS/AP/ May 9, 2010, 10:31 PM

Obama Nominates Elena Kagan to Supreme Court

Updated 10:40 a.m. ET

President Obama on Monday nominated Solicitor General Elena Kagan to the U.S.Supreme Court, declaring she would demonstrate the same independence, integrity and passion for the law exhibited by retiring Justice John Paul Stevens.

If confirmed by the Senate, Kagan would become the third woman on the high court. Obama introduced her in the White House East Room as "my friend."

The former Harvard Law School dean "is widely regarded as one of the nation's foremost legal minds," Obama said.

Kagan, 50, said she was "honored and humbled by this nomination."

"I look forward to working with the Senate and thank you, Mr. President, for this honor of a lifetime."

Obama cited what he called Kagan's "openness to a broad array of viewpoints" and her "fairmindedness."

In a statement issued before Kagan had completed her remarks, the lawmaker who will preside over her confirmation hearing, Democratic Sen. Patrick Leahy, said, the Senate should confirm Ms. Kagan by early September, a month before the court returns from recess.

"Our constituents deserve a civil and thoughtful debate on this nomination," followed by an yes or no vote, he said.

Kagan has long been considered the leading candidate for the post, in part because of her reputation as a consensus builder at Harvard and her outreach to conservatives, reports CBS News chief legal correspondent Jan Crawford.

She is widely viewed as an intellectual heavyweight, and has youth on her side. She also would be the Court's third woman justice. But the left is lukewarm on her nomination because she is not believed to be solid on issues of executive power. Republicans would portray her as a Washington insider, and slam her for refusing to allow military recruiters at Harvard because of its "don't ask, don't tell" policy.

Kagan would be the only person on the court who had not previously been a judge.

Jan Crawford: Kagan Is a Strategic, Not Political Pick
Four Potential Confirmation Hurdles
Early Conservative Reaction to Kagan Nomination
Crawford, Schieffer on Why Obama Nominated Kagan

The move also positions the court to have three female justices for the first time in history. At 50 years old, she would be the youngest justice on the court, one of many factors working in her favor. She has the chance to extend Obama's legacy for a generation.

Known as sharp and politically savvy, Kagan has led a blazing legal career: first female dean of Harvard Law School, first woman to serve as the top Supreme Court lawyer for any administration, and now first in Obama's mind to succeed legendary Justice John Paul Stevens.

Kagan has clerked for Thurgood Marshall, worked for Bill Clinton and earned a stellar reputation as a student, teacher and manager of the elite academic world. Her standing has risen in Obama's eyes as his government's lawyer before the high court over the last year.

Yet Kagan would be the first justice without judicial experience in almost 40 years. All of the three other finalists she beat out for the job are federal appeals court judges, and all nine of the current justices served on the federal bench before being elevated.

Kagan's fate will be up to a Senate dominated by Democrats, who with 59 votes have more than enough to confirm her, even though they are one shy of being to halt any Republican stalling effort.

For the second straight summer, the nation can expected an intense Supreme Court confirmation debate even though, barring a surprise, Kagan is likely to emerge as a justice.

However, Kagan's ascension to the high court won't come without a struggle in a mid-term election year. "Really vicious and bitter," is how CBS News chief Washington correspondent Bob Schieffer characterized the upcoming confirmation hearings.

"Republicans are going to give very careful consideration" before casting their votes, Schieffer said.

Schieffer Sees Bitter, Vicious Fight Over Kagan
Eliot Spitzer: Kagan Would "Get the Fifth Vote"
Commentary: Elena Kagan's Goldman Sachs "Connection"
Kagan Had Rapid Ascent to High Court Nomination

Supreme Court justices wield enormous power over the daily life of Americans. Any one of them can cast the deciding vote on matters of life and death, individual freedoms and government power. Presidents serve four-year terms; justices have tenure for life.

Republicans have shown no signs in advance that they would try to prevent a vote on Kagan, but they are certain to grill her in confirmation hearings over her experience, her thin record of legal writings and her objections to the military's policy about gays.

When she was confirmed as solicitor general in 2009, only seven Republicans backed her.

Democrats went 15 years without a Supreme Court appointment until Obama chose federal appellate judge Sonia Sotomayor last year to succeed retiring Justice David Souter. Just 16 months in office, Obama has a second opportunity with Kagan, under different circumstances.

Obama's decision last year centered much on the compelling narrative of Sotomayor, the first Hispanic Supreme Court justice, who grew up in a housing project and overcame hardship.

This year, Obama particularly wanted someone who could provide leadership and help sway fellow justices toward a majority opinion. The president has grown vocal in his concern that the conservative-tilting court is giving too little voice to average people.

Kagan is known for having won over liberal and conservative faculty at the difficult-to-unite Harvard Law School, where she served as dean for nearly six years.

Her background, including time as a lawyer and a key domestic policy aide in Bill Clinton's White House, would give the court a different perspective.

The White House is expected to frame Kagan's lack of service as a judge in upbeat terms, underscoring that there are many qualified routes to the top of the judiciary.

Kagan emerged over three other finalists - federal judges Diane Wood, Merrick Garland and Sidney Thomas. Wood, a veteran court presence in Chicago, has now come extremely close twice to being picked for the Supreme Court. She also interviewed with Obama last year.

Kagan, who is unmarried, was born in New York City. She holds a bachelor's degree from Princeton, a master's degree from Oxford and a law degree from Harvard.

She served as a Supreme Court clerk for one of her legal heroes, Justice Thurgood Marshall. And before that, she clerked for federal appeals court judge Abner Mikva, who later became an important political mentor to Obama in Chicago.

Kagan and Obama both taught at the University of Chicago Law School in the early 1990s.

In her current job, Kagan represents the U.S. government and defends acts of Congress before the Supreme Court and decides when to appeal lower court rulings.

Kagan has the high task of following Stevens, who leaves a legacy that includes the preservation of abortion rights, protection of consumer rights and limits on the death penalty and executive power. He used his seniority and his smarts to form majority votes.

As the Harvard Law School dean, Kagan openly railed against the military's "don't ask, don't tell" policy regarding gay service members. She called it discriminatory and barred military recruiters over the matter until the move threatened to cost the university federal money.

Kagan later joined a challenge to the law allowing colleges to be stripped of federal money if they kept out the military recruiters. But the Supreme Court upheld the law unanimously.

Kagan would be the fourth woman to serve on the Supreme Court, following current Justices Ruth Bader Ginsburg and Sonia Sotomayor and retired Justice Sandra Day O'Connor.

She would be the third Jewish justice along with six Catholics. With Stevens' retirement, the court will have no Protestants, the most prevalent denomination in the U.S.

Kagan's Bio In Brief:

BIRTHDATE-LOCATION: April 28, 1960-New York City.
EXPERIENCE: U.S. solicitor general, 2009-present; dean, Harvard Law School, 2003-09; professor of law, Harvard Law School, 2001; visiting professor, Harvard Law School, 1999-2001; deputy assistant to President Bill Clinton for domestic policy and deputy director of the Domestic Policy Council, 1997-99; associate counsel to President Bill Clinton, 1995-96; professor, University of Chicago Law School, 1991-95; worked in private practice, Washington, 1989-91; law clerk to Supreme Court Justice Thurgood Marshall, 1987-88; clerked for Judge Abner Mikva of the U.S. Court of Appeals for the D.C. Circuit, 1986-87.
EDUCATION: Princeton University, bachelor's, 1981; Worcester College at Oxford, master's, 1983; Harvard Law School, law degree, 1986.
QUOTE: "I like to think that one of the good things about me is that I know what I don't know and that I figure out how to learn it when I need to learn it."
© 2010 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
205 Comments Add a Comment
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P0ST1ING_AWAY says:
by Palin_for_Presidentess May 12, 2010 11:03 AM EDT
All these Republicans are clearly just anti-Semitic.
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It is their god-given right to be anti-semitic.
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polaral says:
It was natural for our sentient but pre-technical human minds to wonder about what happens after physical death and why things are as they are, and to invoke numerous deities to explain it all. Every known society has invented some kind of mythology. But, now we have science to explain the natural world and we can readily see that religions often don't explain anything and frequently their interpretations directly contradict each other (even within different sects of the same major faiths). They can't all be right, so it follows they might just as easily all be wrong.

I have no problem with religion as a personal means of achieving inner peace, solace and comfort. I am an atheist, but I respect (to a point) the religious convictions of others.

Where I do have a problem is when adherents of a particular faith use it as a vehicle to promote and justify other non-religious endeavors, such as their political and social agendas. Religious dogma as a political instrument has led to nothing but war, intolerance, bigotry, institutionalized misogyny, and perpetual discord. Religion is the greatest disincentive to humans using their own brains to solve the problems at hand and the most convenient excuse if they fail at solving them, e.g. "...it was God's will"!

The 911 bombers may have been at lot of things, but one thing they weren't was atheists. They used their supposedly "peaceful" Islamic faith as a pretext to kill 3000 people, just as the Christians have used
Their ?just and loving god's word? as justification for the torture, slaughter and subjugate millions of people - and are now using it to launch an ideological attack against Kagan. "My god's better than your god...", how infantile.

Until we all evolve to the point where we don't need fairy tales to make sense of the world - at least keep your religion out of political arena and confine it to your own homes - because one person's Manifest Destiny might easily be another person's Bullsh*t.
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vinnyb5 says:
FILIBUSTER HER NOMINATION THE SAME WAY THE DEMOCRATS DID MIGUEL ESTRADA. AND THAT WASNT FOR A SUPREME COURT PICK. SHE, JUST LIKE HIM HAS NO JUDICIAL RECORD. RACIST DEMOCRATS KEPT HIM OFF THE BENCH CAUSE HE WAS LATINO.

George W. Bush nominated Estrada to a position on the United States Court of Appeals for the D.C. Circuit on May 9, 2001. He received a unanimous "well-qualified" rating from the American Bar Association. Democratic Senators opposed the nomination, noting Estrada's lack of any prior judicial experience at the local, state, or federal level. Democratic Senators also objected to the refusal by the Office of the Solicitor General to release samples of Estrada's writings while employed there.

A bipartisan group of former Solicitors General wrote a letter objecting to the Democrats' demand for memos that Estrada had written while he was with the office. While not addressing past instances where such memos had previously been released,[2] the letter argued release of prior memos by government employees to the public would endanger the Solicitor General Office's ability to provide confidential legal advice to the Executive Branch.

Leaked internal memos to Senate Minority Whip Dick Durbin mention liberal interest groups' desire to keep Estrada off the court partially because "he is Latino," and because of his potential to be a future Supreme Court nominee.[3] Democratic spokesman for Durbin said that "no one intended racist remarks against Estrada" and that the memo only meant to highlight that Estrada was "politically dangerous" because Democrats knew he would be an "attractive candidate" that would be difficult to contest since he didn't have any record.[3]

On March 6, 2003, there was the first of six failed cloture votes on Estrada. Fifty-five senators voted to end debate on his nomination and allow a final confirmation vote, and forty-four senators voted not to end debate.[4] After twenty-eight months in political limbo and a protracted six month long battle using the filibuster, Estrada withdrew his name from further consideration on September 4, 2003.[5] Bush nominated Thomas B. Griffith in his place, who was confirmed in 2005 under the terms of the Gang of 14 Deal.
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nmmi1972 says:
iamsogratefultoallyouwantabeelitistsfeelingsosuperiorbycorrectingmypunctuationcusitonlyconfirmshowinfatuatedallthemarxistsleninistsmaoistssocialistsbrownshirtsarewithhavingtofeelsuperiorcontrarytoanyevidencecusallthatmatterstothemistheOneplusentitlementsplusmaxingthetaxesplusgettingpatsontheirbacksfromalloftheotherleninratsthatplaguethisrealm.

nov-2010!
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noloyalisti says:
Why did the creator do the Big Bang 12 billion years ago but not create the earth until 4.6 bya? Why did he not have multi-cell life start until the Pre-Cambrian and not create **** Sapiens until a couple million years ago?

I don't recall any of that being discussed in the Bible (or the Koran or Torah for that matter). Just because you can't explain everything does not mean some intelligent being created it. That is what ignorant uneducated superstitious people did around the time of the Old Testament. Oh and just because you do not know everything does not mean you have to have faith in a mythical, supernatural, super powerful imaginary being.
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apuan777 says:
by noloyalisti May 12, 2010 1:23 PM EDT
(Christian) God is an IDEA so of course it exists: as a man made idea.

It is just like the Flying Spaghetti Monster that we Pastafarians believe in. Just like the Christian God, the reason we believe in Him is we can't prove He exists.

Reach out and touch his noodly appendage.
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The idea of creator has very strong logic to it. Go back as far as you can and try to figure out how the first "thing" in the "universe" was created? If you say Big Bang, i will fall out of my chair laughing...who created the big bang?...and if you say a bunch of gasses, once again i will fall out of my chair laughing...who created the gasses? We can keep going.
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noloyalisti says:
(Christian) God is an IDEA so of course it exists: as a man made idea.

It is just like the Flying Spaghetti Monster that we Pastafarians believe in. Just like the Christian God, the reason we believe in Him is we can't prove He exists.

Reach out and touch his noodly appendage.
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RedWings_ninety_one replies:
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We can't prove it, we can't disprove it. But you have to have faith if you belive.
Empire-George- replies:
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by RedWings_ninety_one May 12, 2010 2:52 PM EDT

We can't prove it, we can't disprove it. But you have to have faith if you belive.
__________

That's right, you have to have faith and a belief, in something.
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Palin_for_Presidentess says:
All these Republicans are clearly just anti-Semitic.
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nmmi1972 says:
the fact that the One nominated ms. k who just happens to be a marxist who lamented in her writings on the diminishment of marxism is not news.
of course the One would pick someone like her.
elections have consequences.
the real news for usa citizens of all colors all origins all spiritual beliefs that are united against maoist marxist leninist socialist communist brown-shirted fiscally-taxed-to-the-max train-wrecked govt will begin in nov 2010 when the marxist-rats & rino-rats are fumigated out of the various halls and houses of our representative govt.
nov 2010!
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Palin_for_Presidentess replies:
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Thank you for signaling your lack of education with your absence of correct punctuation. Otherwise, I might have actually wasted time reading and considering your worthless dribble.
nmmi1972 replies:
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to the one angry at palin:
i purposely use the-writing-method-here to entertain you.
i thought you would be more grateful rather than going to your angerdefaultsetting!
oh well...have a nice day.
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love2ridend says:
Just another military hating liberal just like Obama. Nothing new
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Palin_for_Presidentess replies:
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I think she was championing the position that everyone should have the opportunity to serve. How's that "military hating?"
love2ridend replies:
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Palin_for_Presidentes Look she went to a college that bans ROTC since 1969.
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