Obama Taps Kagan As Supreme Court Justice

May 10, 2010 2:30 PM EDT
President Barack Obama announced Solicitor General Elena Kagan as the his nomination for the Supreme Court Monday, and if confirmed she would become the first justice in almost 40 years without any prior experience as a judge.

Kagan would succeed Judge John Paul Stevens, who is retiring as the leader of the court's Liberal wing.

"While we can't presume to replace Justice Stevens' wisdom or experience, I have selected a nominee who I believe embodies that same excellence, independence, integrity and passion for the law, and who can ultimately provide that same kind of leadership on the court," Obama said.

Standing at the side of President Obama, Kagan called the nomination "the honor of a lifetime."

"The court is an extraordinary institution in the work it does and the work it can do for the American people," she said. It enables "all Americans, regardless of their background or their beliefs, to get a fair hearing and an equal chance at justice."

Kagan was praised by Democrats following the news, however some Republicans who offered support for the new nominee for her role as Solicitor General, would not comment on their opinions, saying that time was needed to learn more before giving her lifetime appointment.

Senator Lindsey Graham (R-South Carolina) was the only Republican to vote in favor of the nomination of Sonia Sotomayor to the Supreme Court last year, also voiced his support for Kagan on Monday.

"I have been generally pleased with her job performance as solicitor general, particularly regarding legal issues related to the war on terror," Graham said.

However other Republicans are not convinced that Kagan's lack of judiciary experience is not going to be an issue going forward.

The move is seen by Obama as one to gain not only a strong legal mind to the position, but someone who has experience in bringing differing sides together. Kagan gained a reputation for this when serving as a policy advisor for President Bill Clinton.

Kagan has very little background on business issues prior to her 14-month tenure as Solicitor General, in which time the Obama administration showed a friendlier approach towards investor lawsuits.

For example, in her time as Solicitor General she argued that a lower-court ruling did not provide enough of a check on potentially excessive fees in a case that examined under what circumstances that mutual-fund managers could be sued by shareholders for charging allegedly excessive fees. Kagan’s view on this matter was unanimously supported by the Supreme Court.

However critics will infer that basing an opinion on Kagan’s light experience with business issue, would be irresponsible at this point.

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