Kagan deputy takes over
By Robert Barnes
Solicitor General Elena Kagan was not at the Supreme Court this morning to hear that she had won one of the cases she argued. And she told the court in a letter that her deputy will take over all filings at the court while her nomination to replace Justice John Paul Stevens is pending.
Kagan told the court that Principal Deputy Solicitor General Neal Katyal will serve as acting solicitor general "in all filings after the date of my nomination involving the United States Government."
If her nomination is successful, Kagan will need to recuse herself from any government appeal she worked on as solicitor general. The move is one way to protect her from any additional conflicts.
The court ruled 7 to 2 Monday in favor of the government in a case that Kagan argued before the high court, United States v. Comstock. The decision by Justice Stephen G. Breyer said Congress did not exceed its power in 2006 by enacting a law providing for the continued detention of sexually dangerous federal inmates who had completed their prison terms.
The court had ruled in 1997 that states had the power to confined dangerous sex offenders in mental institutions after their prison time was over.
May 17, 2010; 12:37 PM ET
Categories: 44 The Obama Presidency , Court Watch , Supreme Court
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