Judiciary Watch

Kagan hearing to begin June 28

Senate Judiciary Chairman Patrick Leahy said Supreme Court nominee Elena Kagan’s confirmation hearing will begin June 28.  Kagan submitted her answers to the committee’s questionnaire on Tuesday.  Senators will have just under six weeks to prepare for the hearing, which should be concluded in time for a Senate vote before the August recess.

Senate confirms five to U.S. District Courts

The Senate this month confirmed five more Obama nominees to the U.S. District Courts. 

Hon. Timothy S. Black was confirmed to the Southern District of Ohio. He was a U.S. Magistrate Judge in the Southern District for six years prior to his nomination.  Black was in private practice in Cincinnati for 11 years, and a Judge on the Hamilton County Municipal Court from 1994-2004.

Hon. Nancy D. Freudenthal was confirmed to the bench in Wyoming.  She was with Davis & Cannon, LLP in Cheyenne for five years immediate prior to her appointment.  Freudenthal began her career as an attorney for intergovernmental affairs at the Governor’s office.  Her husband served two terms as Governor of Wyoming.

Hon. Jon E. DeGuillo was confirmed to the Northern District of Indiana.  He is a graduate of the Univ. of Notre Dame and Valparaiso Univ. School of Law. Prior to his confirmation he was Executive Vice President, General Counsel and Corporate Secretary at Peoples Bank SB/NorthWest Indiana Bancorp for nine years.

Hon. Denzil P. Marshall, Jr. sits in the Eastern District of Arkansas.  Marshall received his J.D. from Harvard Law School and clerked for Hon. Richard S. Arnold of the U. S. Court of Appeals for the Eighth Circuit. He was an Associate Judge on the Arkansas Court of Appeals in Little Rock from 2007-10.

Hon. Gloria Navarro was confirmed to the federal bench in Nevada.  Prior to her appointment, she was the Chief Deputy District Attorney, Civil Division in Clark County for five years.  Navarro is a graduate of Arizona State Univ. College of Law and was in private practice in Los Vegas for eight years, devoting much of her practice to criminal defense work.

Kagan meets privately with Senators

Elena Kagan met with eight Senators yesterday as a prelude to her impending confirmation hearings to be the next Supreme Court Justice.  Sen. Harry Reid promised the nominee a smooth confirmation process.  Sen. Jeff Sessions (R. Ala.), the ranking Republican on the Judiciary Committee, asked Kagan to explain her ban on military recruiters from Harvard Law School while she was dean and raised concerns about her lack of judicial experience. After an hour-long meeting, Sessions said he thought Kagan was “a little bit out of touch.” Although a start date for hearings has not been set, Senators on both sides of the aisle seem confident things would be wrapped up by the August recess.

Senators and pundits sound off on Kagan nomination

Almost immediately after President Obama announced that Elena Kagan was his choice to replace Justice Stevens on the U.S. Supreme Court, politicians and pundits started choosing sides. Many Democrats were quick to praise Kagan as a smart, qualified candidate who should get a quick confirmation, while Republicans pointed to her lack of judicial experience and ban on military recruiters while Dean of Harvard Law School as reasons to oppose her.  Some liberals were unhappy with Obama’s selection, saying Kagan is not liberal enough and citing her advocacy for strong executive power.  According to the NY Times, Sen. Tom Harkin (D. Kan.) asked on the website Politico “Why do the conservatives always get the conservatives, but we don’t get to get the liberals?”

Sen. Patrick Leahy, chairman of the Senate Judiciary Committee, predicted an easy confirmation for Kagan, pointing to the 61 votes in her favor when she was confirmed as solicitor general last year. Meanwhile, Sen. Jeff Sessions, the ranking Republican on the committee, said he was “troubled” by Kagan’s lack of experience.  Sessions said that there would be a different standard for a lifetime appointment, but conceded that he thought it likely the confirmation process would be over by the August recess.  Sen. Susan Collins (R. Maine), who voted in favor of Kagan for Solicitor General, said "it can be very valuable to have an individual who has a background other than that of being a judge."

If confirmed, Kagan will be the only sitting justice without any prior judicial experience. But she will  be the fifth Harvard Law School graduate, the third Princeton graduate, and the fourth New Yorker on the court.  This will also be the first time the Court will have no Protestant members.  Breyer, Ginsburg and Kagan are Jewish, while the six others are Catholic.

Obama nominates Kagan to Supreme Court

One month after Justice John Paul Stevens announced his retirement from the Supreme Court, President Obama has chosen Solicitor General Elena Kagan as his successor.  The 50-year old Kagan was the first woman Dean of Harvard Law School and the first women to serve as Solicitor General, but has never been a sitting judge.  If confirmed, Kagan would become the third woman and the youngest sitting judge on the court. 

Critics on both sides of the aisle are skeptical of Kagan’s lack of judicial experience, saying it leaves her less than qualified for the position, and also deprives them of a paper trail outlining her judicial philosophy.   Kagan would be the first person who hasn’t served as a judge to join the court since William Rehnquist took the bench in 1972.  Supporters call Kagan a brilliant legal scholar.  Conservatives have also criticized Kagan for briefly denying access to Harvard’s campus to military recruiters because the military’s ban on openly gay men and women serving in the military violated the school’s anti-discrimination policy.  In defending the question of her lack of experience during her confirmation hearing for Solicitor General last year, Kagan said that she brings “a lifetime of learning and study of the law, and particularly the constitutional and administrative law issues that form the core of the court’s docket.”  Kagan was confirmed by the Senate with 31 no votes.

Kagan grew up in Manhattan, graduated from Princeton, Oxford and Harvard Law School, clerked for Hon. Abner Mikva on the U.S. Court of Appeals for the District of Columbia and then Justice Thurgood Marshall.  She worked as a White House lawyer and domestic policy aide under President Clinton.  In 1999, she was nominated for the U.S. Court of Appeals for the District of Columbia, but never received a vote on her nomination.

The White House is hoping the Senate Judiciary will hold hearingsbefore July 4, and would like Kagan confirmed by the August recess so she can join the court for its new term in October. 

Obama to nominate Elena Kagan to Supreme Court

Sources close to the Obama White House said on Sunday that the president was set to nominate Solicitor General Elena Kagan to succeed retiring Justice John Paul Stevens on the United States Supreme Court.  The announcement is expected today at 10:00 a.m.

Judge Sidney R. Thomas considered for Supreme Court

Hon. Sidney Thomas is being considered by President Obama to replace Justice Stevens on the U.S. Supreme Court.  Although deemed by many a long shot, Thomas is unique from others on the President’s short list because of his 17 years of experience as a practicing lawyer.  He was appointed to the 9th Circuit U.S. Court of Appeals by President Clinton in 1996.  Thomas is a graduate of Montana State Univ. and received his J.D. cum laude from the Univ. of Montana in 1978.  As a partner with Moulton, Bellingham, Longo & Mather, he handled bankruptcy matters, First Amendment cases and complex corporate litigation. Thomas described himself for the Los Angeles Daily Journal as "middle-of-the-road politically and jurisprudentially." In the article Thomas said, "I try to analyze cases without any result-oriented philosophy. I hope I'm not a judicial activist. I don't consider myself one."

Lawyers interviewed for the Almanac of the Federal Judiciary said Thomas is a sharp, fair judge. "He has one of the sharper legal minds around. He always tries to get it right. He has years of experience." "His legal ability is top notch. He rarely makes bad decisions." "He has the ideal demeanor. He is direct and to the point." "He has the perfect demeanor. Treat him right, he treats you right." "He is a lawyer's judge. He gives you time if you stay focused. Be as prepared as he is." "He is as prepared as I have seen, especially for oral argument. He actively asks very direct and insightful questions." “Oral argument is where he is at his best. Stay focused on your most important points. Do not let him trap you. He is quite active."  "He has no bias or leaning. You won't see him taking any chances." "He stays focused on the law. He has no leanings. He's the fairest judge around." "He does not take any philosophy or agenda into the courtroom." "He has never been an activist or had an agenda. I have never felt threatened by his liberal background. He stays down the middle."

Supreme Court nominee could be announced this week

White House Press Secretary Robert Gibbs said yesterday that the Obama administration was "close" to a decision on a nominee to replace Justice John Paul Stevens and would not rule out an announcement coming later this week.  It has been reported that President Obama has had recent meetings with Solicitor General Elena Kagen, Hon. Merrick Garland and Hon. Sidney Thomas.