Being part of a club is posing difficulty in her Supreme Court nomination for Solicitor General Elena Kagan. It is known that Kagan, 50, is associated with a network of lawyers of all political opinions who clerked for a Supreme Court justice.
This group is an important entity in the working of court with practitioners, analysts and law professors functioning for the institution.
It is being argued by Pamela S. Karlan, clerk for then Chief Justice Harry A. Blackmun, that “one can never get over it”. Presently, she is the Co-Director of Stanford Law School's Supreme Court Litigation Clinic.
After her confirmation as a Supreme Court Chief Justice by the Senate, Kagan will become the sixth one to have worked in the club as a clerk.
The present court has three of the five justices who have clerked. Also, three out of four finalists who were interviewed by President Obama shared the documentation. And the other two who were there before Kagan as Solicitor General were also clerks.
Solicitor Generals are the Government's appellate lawyers and representatives at the Supreme Court.
Kagan clerked for the liberal Justice Thurgood Marshall for the 1987-88 terms. Her nominations are highlighting the job of the clerks and their work for the justices. Also, with this, doubts are being raised regarding incorporation of their own legal knowledge in “memos they prepared”.