The Washington Post notes that if Kagan is confirmed, Ivy League domination of the high-court bench will be complete. Justice Stevens, in fact, was the only non-Ivy grad.
Though Kagan is known predominantly for her work in the Clinton administration and of course, at Harvard Law—where she was dean before joining the Obama administration—she also did a short stint in private practice at Washington’s very own Williams & Connolly. Her work there will no doubt be scrutinized during her confirmation. Maybe we’ll learn something new about the firm, which is notoriously secretive about client work.
Since Kagan has never previously been a judge, Republicans can’t rely on past rulings as evidence of how she’ll decide cases as a justice. Instead, they’re hoping that memos she wrote during her time as a domestic-policy advisor and an associate White House counsel to President Clinton will offer some insight.
One piece of ammunition Kagan opponents will likely use during her confirmation is the fact that as Harvard Law dean, she restricted campus access to military recruiters because she opposed the ban on openly gay service members. But at least one Republican senator indicates he won’t hold it against her.
There’s another high-profile legal gig available: Kagan’s replacement as Solicitor General. It’s one of the most coveted positions for a lawyer, and it ensures a hefty private-practice paycheck later on. One possible contender is Washington state governor Christine Gregoire.