Barack Obama has announced that he will appoint Harvard Law School Dean Elena Kagen to be his Solicitor General. The two taught together at the University of Chicago in the early 1990s, and before that she clerked for Abner Mikva on the DC Circuit and Thurgood Marshall on the Supreme Court. She clerked for Marshall during OT87 and to my knowledge the only major opinion authored by his chambers during that term was in Arkansas Best v. Commissioner, a tax case.

Kagan doesn’t have any experience arguing before the Supreme Court. She joins an elite group that just in the last 20 years includes Supreme Court heavyweights like Charles Fried, Ken Starr, Seth P. Waxman, Theodore B. Olsen, and Paul Clement. If confirmed, Kagan will become the first female to serve as Solicitor General.


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