Louis Brandeis

Elena Kagan’s Inheritance: Louis Brandeis, William O. Douglas, And John Paul Stevens!

Supreme Court nominee Elena Kagan went through two full days of questioning by the Senate Judiciary Committee last week, and most observers would say she fared well in her performance!

The members of the committee, and the American people, wanted to know how she thought about constitutional issues, and of course, were disappointed that she refused to tip her hand, just the same as other Supreme Court nominees who did not wish to be tied down to any specific commitments on future issues and cases!

But her background gives hope that she will follow in the tradition of the Justices who held the seat she will gain after confirmation: Louis Brandeis (1916-1939), William O. Douglas (1939-1975), and John Paul Stevens (1975-2010)!

What a distinguished group of Justices these three men were, enough to humble anyone! 🙂 All three are among the very best who have ever served on the Supreme Court. The first two would rank among the top ten of all time, and Stevens would rank in the 25 of all time!

No seat has only had three Justices in the past almost one hundred years, with Douglas being the longest serving Justice in history, and Stevens being third longest serving, only three days fewer than Justice Stephen Field, who served from 1863-1897!

So Kagan has a responsibility to keep this history in mind, as she inherits the seat of these great men, and carries on the progressive tradition they represented, into the future of constitutional law!

Republican Senators Attack Thurgood Marshall’s Judicial Philosophy! :(

Supreme Court nominee Elena Kagan has handled herself well today, her first full day of testimony before the Senate Judiciary Committee!

But it is obvious that Republican Senators are out to condemn the judicial philosophy and reputation of the first African American to serve on the Court, Thurgood Marshall, appointed by Lyndon B. Johnson in 1967, and serving until his retirement in 1991! 🙁

Kagan served as a law clerk under Marshall, and reveres him in an appropriate way! But, of course, conservatives hate him, as he was the lawyer in the Brown V. Board of Education case in 1954, and was an unabashed liberal on the Supreme Court! His goal was to care about the average American, not just the rich and powerful, which unfortunately is who the Republicans care about when it comes to the law! 🙁

To Republicans, “activist” conservatives such as the four on the Court now, are just fine and, of course, are NOT “activist”! 🙁

But god forbid to have “activist” liberals such as Marshall, or William Brennan, or Earl Warren, or Harry Blackmun, or Louis Brandeis on the Court, because they might actually shape the Court to do what is best for the people, rather than the corporations that this conservative Court so adores! 🙁

As the New Republic declared today, the Supreme Court desperately needs a Louis Brandeis to shape the future of constitutional law!

The question is whether Elena Kagan has the potential to do that, and how the future of the Court might be affected by an activist in the mold of Thurgood Marshall or Louis Brandeis! It seems possible that she could, indeed, fill that role! But of course, there is no way to forecast the future, but we can hope for the best!