Elena Kagan
Born 1960 · Age 65
American lawyer, academic, former Solicitor General, and Associate Justice of the U.S. Supreme Court (appointed 2010). Former dean of Harvard Law School and senior Clinton administration official.
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Life & Career Timeline
Born in Manhattan, New York City
Born to Robert and Gloria (Gittelman) Kagan; second of three children; family attended Lincoln Square Synagogue.
Held Lincoln Square Synagogue's first formal bat mitzvah
Kagan advocated for and participated in what was described as Lincoln Square Synagogue's first formal bat mitzvah (ceremony held on a Friday night rather than Saturday).
Graduated Hunter College High School; served as student government president
Emerged as an outstanding student; pictured in yearbook wearing judge's robe holding a gavel.
Awarded Daniel M. Sachs Graduating Scholarship (Princeton)
One of Princeton's highest general awards; enabled study at Worcester College, Oxford.
Graduated Princeton University, A.B. summa cum laude (history)
Wrote senior thesis 'To the Final Conflict: Socialism in New York City, 1900–1933' under Sean Wilentz; editorial chair of The Daily Princetonian.
Completed M.Phil in Politics at Worcester College, Oxford
Earned Master of Philosophy in politics (M.Phil) as Princeton graduate fellow.
Summer associate at Fried, Frank, Harris, Shriver & Jacobson
Worked in litigation department as a summer associate while at Harvard Law (year during law school).
Graduated Harvard Law School, J.D. magna cum laude
Served as supervising editor of the Harvard Law Review; earned Juris Doctor magna cum laude.
Clerked for Judge Abner J. Mikva (D.C. Circuit)
Served as law clerk for the U.S. Court of Appeals for the D.C. Circuit, 1986–1987.
Brief involvement in Michael Dukakis 1988 campaign (electoral politics)
Worked briefly on the Michael Dukakis presidential campaign before returning to law practice (not a long-term career move).
Joined Williams & Connolly LLP as an associate
Worked in private practice (litigation, drafting briefs, discovery) from 1989 to 1991.
Joined University of Chicago Law School faculty
Appointed assistant professor of law (1991); met Barack Obama when he guest lectured.
Special counsel to Senate Judiciary Committee (appointed by Joe Biden)
Worked on Ruth Bader Ginsburg's Supreme Court confirmation hearings and other committee matters.
Granted tenure at University of Chicago Law School
Became a tenured professor of law in 1995 despite some colleagues' concerns about publication record.
Associate White House Counsel (Clinton administration)
Served as Associate White House Counsel from 1995 to 1996 under White House Counsel Abner Mikva; worked on Whitewater, travel office, Clinton v. Jones.
Deputy Assistant to the President for Domestic Policy; Deputy Director of Domestic Policy Council
Served in senior domestic policy roles from 1997 to 1999 addressing budget appropriations, campaign finance, social welfare; coauthored a 1997 memo urging Clinton to support a ban on late-term abortions.
Returned to academia as visiting professor at Harvard Law School
After leaving the Clinton administration and lapsed nomination, joined Harvard Law School as a visiting professor in 1999.
Nominated to U.S. Court of Appeals for the D.C. Circuit
President Bill Clinton nominated Kagan to replace James L. Buckley on June 17, 1999; Senate Judiciary Committee scheduled no hearing and the nomination stalled.
Judicial nomination expired without Senate action
Kagan's D.C. Circuit nomination lapsed when the Senate did not act before the end of the term.
Named full professor at Harvard Law School
Became professor of law in 2001 and later held the Charles Hamilton Houston Professorship.
Inherited $400M capital campaign 'Setting the Standard'
Became steward of Harvard Law School's capital campaign upon becoming dean.
Implemented policy barring military recruiters (Don't Ask, Don't Tell protest)
As dean, upheld a policy that barred military recruiters over 'Don't Ask, Don't Tell' discrimination; engaged in legal fight and responded after Supreme Court's Solomon Amendment ruling.
Appointed 11th Dean of Harvard Law School (first female dean)
Named dean by Harvard President Lawrence Summers; deanship focused on student satisfaction, curricular reform, facilities.
Served on Goldman Sachs Global Markets Institute Research Advisory Council
Member of the Research Advisory Council from 2005 to 2008; received a $10,000 stipend for service.
Finalist for Presidency of Harvard University
Named among finalists to succeed Lawrence Summers; position awarded to Drew Gilpin Faust instead.
Capital campaign concludes raising $476M
The 'Setting the Standard' campaign ended in 2008 having raised $476 million, 19% more than the original goal.
Nominated by President-elect Barack Obama to be U.S. Solicitor General
Announcement of nomination to be Solicitor General of the United States (first woman to hold the post).
Confirmed as Solicitor General of the United States
Senate confirmed her by a vote of 61–31 on March 19, 2009; first woman to hold the office.
First Supreme Court appearance as Solicitor General (Citizens United re-argument)
Argued in the re-argument of Citizens United v. FEC on Sept 9, 2009; Court ultimately ruled 5–4 to overturn precedent, a loss for the administration.
Noted as most recent justice appointed without prior judicial experience (as of 2022)
Kagan joined the Court without prior judicial experience, a rarity in modern Court appointments.
Argued six cases before the Supreme Court as Solicitor General
During 15 months as Solicitor General, she personally argued six cases and helped win four major cases for the U.S. government.
Recused from many early cases due to prior government work
Recused herself from 28 of the 78 cases heard during her first year on the Court to avoid conflicts of interest stemming from prior roles.
Became the fourth woman and eighth Jewish justice on the Supreme Court
Historic milestone: fourth woman ever to serve as a Supreme Court Justice.
Nominated to the U.S. Supreme Court by President Barack Obama
Nominated to fill the vacancy from Justice John Paul Stevens's impending retirement.
Supreme Court confirmation hearings began
Kagan's confirmation hearings before the Senate Judiciary Committee began on June 28, 2010.
Senate Judiciary Committee recommended confirmation 13–6
Committee vote to send her nomination to the full Senate with a favorable recommendation.
Confirmed by U.S. Senate as Associate Justice (63–37)
Full Senate confirmed Kagan by a vote of 63–37 on August 5, 2010.
Took the constitutional and judicial oaths; Assumed office as Associate Justice
Sworn in at the White House on August 7, 2010; administered oaths by Chief Justice John Roberts.
Authored first Supreme Court opinion (Ransom v. FIA Card Services)
Wrote majority opinion in statutory interpretation bankruptcy case regarding allowable income for debtors.
First dissent in major First Amendment case (Arizona Christian School Tuition Organization v. Winn)
Dissented from the majority's decision creating a tax-credit/Establishment Clause exception.
Dissented in Town of Greece v. Galloway (Establishment Clause)
Argued that town council prayer practice showed a preference for a particular religion and violated the Constitution.
Joined majority in two major 2015 decisions: King v. Burwell and Obergefell v. Hodges
Voted to uphold Affordable Care Act subsidies (King) and to recognize the right to same-sex marriage (Obergefell).
Authored majority opinion in Kimble v. Marvel Entertainment, LLC
6–3 decision holding patent royalties cannot continue after patent expiration; opinion included Spider-Man references.
Dissented in Luis v. United States (Sixth Amendment asset-freezing decision)
Expressed concern about freezing defendants' assets needed to hire counsel and signaled willingness to revisit Monsanto precedent.
Authored majority opinion in Cooper v. Harris (racial gerrymandering)
Struck down two North Carolina congressional districts for relying predominantly on race in drawing lines.
Dissented in Rucho v. Common Cause (partisan gerrymandering)
Wrote that the Court should not abandon its duty to declare the law on practices that imperil free and fair elections; dissent joined by Ginsburg, Breyer, Sotomayor.
Authored majority opinion in Kisor v. Wilkie (Auer/seminal deference limiting opinion)
Set limits on Auer deference; clarified when courts should defer to an agency's interpretation of its ambiguous rules.
Authored majority in Chiafalo v. Washington (elector pledge enforcement)
Held that states may enforce an elector's pledge to support their party's nominee and the voters' choice for President.
Authored or joined major opinions in 2020 term (e.g., certain trademark and administrative cases)
Continued to author significant opinions and dissents; remained part of the Court's liberal/centrist bloc.
Dissented in Brnovich v. DNC (voting-rights case)
Would have struck down Arizona laws discarding out-of-precinct ballots and banning ballot harvesting; emphasized disproportionate impact on minority voters.
Dissented in West Virginia v. EPA (Clean Power Plan decision)
Argued the Court's decision curtailing EPA authority to address climate change was troubling and that the Court lacks expertise to set climate policy.
Identified as most recent justice appointed without prior judicial experience (as of 2022)
As of 2022, Kagan remains the last Supreme Court justice appointed who had not previously served on a court.
Continued role as consensus-building liberal/centrist justice
Recognized for bridge-building, conversational writing style, and for employing cultural references in opinions (e.g., Spider-Man, Dr. Seuss).
Active as Supreme Court justice with ongoing major opinions and dissents
Continues to serve on the Court, assigned circuit justice duties (initially Sixth & Seventh Circuits, later Ninth Circuit after 2018 reassignment).
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