By Lloyd Graff
Elena Kagan has impressive credentials to become a Supreme Court justice, but her nomination brings up some interesting questions about the composition of the court. If she is confirmed there’ll be three Jews and six Catholics on the High Court—no Protestants, Buddhists, Muslims or evangelical Christians.
Four of nine Justices will be from New York city if Kagan gets in, one from each borough except Staten Island.
With Kagan’s appointment all nine Justices will have gone to either Harvard or Yale Law School. There will then be three women on the High Court which would be a record number.
Kagan has written about the confirmation process, criticizing the charade of candidates for the bench who dance around their beliefs about crucial cases which the Court will hear. Now that she’s the one in the hot seat we will see if she’s as candid herself.
Ms. Kagan clerked for Abner Mikva who was one of Barack Obama’s early mentors. She was brought to Harvard by Larry Summers, who is head of Obama’s National Economic Council. She worked in Bill Clinton’s White House with Rahm Emanual. This woman has great connections.
The only drama I anticipate is that a senator will ask her about her sexual orientation. If Ms. Kagan is gay, as has been speculated, it may come up in testimony about cases of special interest to gays. Personally, I hope she addresses the whispers. I would like to see a gay woman on the Court—especially a Court that begs for diversity.
Question: Do you care about the sexual orientation of a Supreme Court Justice?