Statement of Doug Kendall, President, Constitutional Accountability Center, on President Obama’s Nomination of Elena Kagan to the Supreme Court

 May 10, 2010

Statement of Doug Kendall, President, Constitutional Accountability Center, on the Nomination of Elena Kagan to the Supreme Court of the United States

 

Constitutional Accountability Center congratulates President Barack Obama on his nomination of Elena Kagan to the Supreme Court. 

President Obama has chosen an able and accomplished nominee who is widely respected across the political spectrum.  Solicitor General Kagan, the former Dean of Harvard Law School, is a scholar and legal advocate who has served admirably as the lead lawyer for the Obama Administration before the United States Supreme Court.  The first woman to hold each of those positions, Kagan is a leader and a pathbreaker.   

In 2007, in the Evening Lecture she delivered at West Point, then-Dean Kagan spoke to the cadets about the Constitution and the rule of law.   Kagan explained that in a bold break from all prior world and military history, Article VI of the U.S. Constitution requires military officers and every other government official to swear loyalty not to a General or a President, but to the Constitution.   Kagan called fidelity to the Constitution and the rule of law “the foundation stone of our society,” and she gave powerful examples of what fidelity to the Constitution and the law entails.

We look forward to General Kagan’s testimony before the Senate Judiciary Committee.  Her confirmation process should appropriately focus in large part on the activism of the Roberts Court.  As President Obama himself has powerfully explained, the conservative Justices on the Roberts Court have ignored or twisted laws, precedent, and the meaning of the Constitution in order to favor powerful special interests and unfairly disadvantage ordinary Americans.  With many critical decisions still to come down (some of these in cases argued by General Kagan), we expect General Kagan’s confirmation hearing to highlight the conservative judicial activism of the Roberts Court, and to underscore the need for more Justices who are faithful to the law and to the Constitution.

 

Constitutional Accountability Center (CAC) is a think tank, law firm, and action center dedicated to the progressive promise of the Constitution’s text and history, www.theusconstitution.org.   CAC does not endorse or oppose federal judicial nominees until after the nominee’s Senate Judiciary Committee hearing is completed.

More from

Access to Justice
April 29, 2025

RELEASE: Supreme Court Seems Poised to Issue a Narrow Decision in Wrong-House Raid Case

WASHINGTON, DC – Following oral argument at the Supreme Court this morning in Martin v....
By: Miriam Becker-Cohen, Nargis Aslami
Access to Justice
April 28, 2025

Martin v. USA: A wrong-house raid ends up at the door of the Supreme Court

Local News Live
WASHINGTON (Gray DC) - It’s a classic David v. Goliath here at the Supreme Court....
Access to Justice
April 28, 2025

Widow of airman killed in on-base crash asks high court for review in Feres doctrine fight

Stars and Stripes
Staff Sgt. Cameron Beck hopped on his motorcycle on a spring day four years ago...
Rule of Law
April 25, 2025

When does President Donald Trump’s defiance of courts in deportation case cross the line into a constitutional crisis?

Cronkite News
WASHINGTON – Presidents of both parties have pushed the limits of their authority throughout history....
Rule of Law
U.S. District Court for the District of Columbia

American Foreign Service Association v. Trump

In American Foreign Service Association v. Trump, the United States District Court for the District of Columbia is considering whether the Trump Administration’s efforts to unilaterally dismantle USAID are constitutional and comply with federal law.
Immigration and Citizenship
U.S. Supreme Court

Trump v. CASA, Trump v. Washington, and Trump v. New Jersey

In three cases, the Supreme Court is considering whether to partially stay preliminary injunctions blocking the Trump Administration’s executive order purporting to limit birthright citizenship to children who have at least one parent who is...