The Conservative Cave
Current Events => General Discussion => Topic started by: The Village Idiot on May 12, 2010, 04:34:49 PM
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http://www.law.com/jsp/article.jsp?id=1202430423503
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In the wake of news that Supreme Court Justice David H. Souter plans to retire soon, attention is turning toward Elena Kagan as a possible replacement -- even though she just started another job. She's the new U.S. solicitor general -- the first female to hold the position.
Just days before the Souter news broke, The National Law Journal interviewed Kagan about her new job -- her first interview since taking office March 20 as the government's top lawyer before the U.S. Supreme Court. The former Harvard Law School dean responded to concerns from those who want the Obama administration to take positions before the court that are sharply different from those of the Bush era.
"The justices don't expect -- and indeed don't want -- every position to change," Kagan said. But she added that over time the court will understand that a new administration is charting a new course. That will occur when she defends Obama-era regulations and makes different decisions on which cases to take. Already, she said, her office has taken positions in civil rights cases that "the last SG's office wouldn't have taken."
In the interview, Kagan also revealed why she decided not to argue a case during this term, even though she says, "I'm very excited by the prospect." She is eyeing two First Amendment cases in the fall for her debut at the lectern.
Kagan, 49, addressed two less lofty issues: whether she'll adopt the traditions of her male predecessors who a) liked to be addressed as general and b) wore old-fashioned swallowtail morning coats to court. Kagan was coy about the morning coat, but on the salutation she was clear: Call her General Kagan.
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