Monday, November 11, 2019

Daily Read: Portrait of Justice Elana Kagan

In an extensive article in the New Yorker, Is the Supreme Court’s Fate in Elena Kagan’s Hands?, Margaret Talbot provides a profile of Justice Kagan, situating her in her role as the Court's "youngest liberal":

Kagan, who has long been admired by legal scholars for the brilliance of her opinion writing and the incisiveness of her questioning in oral arguments, is emerging as one of the most influential Justices on the Court—and, without question, the most influential of the liberals. That is partly because of her temperament (she is a bridge builder), partly because of her tactics (she has a more acute political instinct than some of her colleagues), and partly because of her age (she is the youngest of the Court’s four liberals, after Ginsburg, Breyer, and Sotomayor).

Talbot is good at relating Kagan's background and her written opinions:

Although Kagan didn’t become a historian, her opinions at the Court often read as though a historian might have written them. It’s not because she stuffs them with references to the Founding Fathers—some of her colleagues do that more often, and more clumsily—but because she knows how to weave an internally coherent and satisfying narrative, incorporating different strands of explanation and event.

Like any historian worth reading, Kagan avoids getting mired in the details. Her best opinions often begin by sounding broad political themes, as though she were gathering people around her to tell a story about democracy.

Definitely worth a read (or a listen) at the New Yorker.

191118_r35427[image via New Yorker].

https://lawprofessors.typepad.com/conlaw/2019/11/daily-read-portrait-of-justice-elana-kagan.html

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