Elena Kagan in her own words
Updated June 28
Elena Kagan is said by many observers to have left a thin paper trail. Below are some of the more interesting publications, reports and reported remarks that reveal her thinking over the years, compiled from and hosted by a variety of sites around the Web. To add to the paper and video trail, leave links in the comments.
Clinton administration documents:
* 1995-1999. "Elena's Inbox." Sunlight Foundation presentation of e-mails sent by Elena Kagan during her time in the Clinton administration. See also: Five of the most interesting of those e-mails, as selected by The Post.
On the decline of the Socialist Party (Princeton University senior thesis):
* 1981. "TO THE FINAL CONFLICT: SOCIALISM IN NEW YORK CITY, 1900-1933," Elena Kagan. Princeton University History Department. PDF
On gun rights:
* 2009. "Written Questions of Chairman Patrick Leahy For Elena Kagan Nominee to be Solicitor General of the United States." PDF
*1987. Bloomberg News: "Kagan Was 'Not Sympathetic' as Law Clerk to Gun-Rights Argument."
On late-term abortion:
* 1997. "Memorandum for the President: Daschle and Feinstein Amendments," Bruce Reed and Elena Kagan. PDF. See also Washington Post: "Abortion could be sleeper issue in Supreme Court confirmation process"
Kagan on receiving the nomination (White House video):
On standing for the solicitor general post:
* 2009. Public questionnaire for solicitor general nomination. Document reader
* 2009. Written Q&A for solicitor general nomination hearing. Document reader
* 2009. Full Feb 10. hearing. Video
* 2009. Personal financial disclosures. Document reader
On the detention of terror suspects:
* 2009. Sen. Lindsey Graham (R-S.C.) questions Kagan at her confirmation hearing about indefinite detention and whether the United States is at war. Video
* 2005. Letter to Sen. Patrick Leahy (D-Vt.) objecting to court-stripping provisions for detainees at Guantanamo Bay. PDF
On the Supreme Court:
* 2010. "The life and legacy of Associate Justice John Paul Stevens." Remarks at the annual dinner of the Seventh Circuit Bar Association at the Seventh Circuit Judicial Conference. Video
* 2009. Kagan on cameras in the court, remarks at the Ninth Circuit Judicial Conference. Video
* 1995. "Confirmation Messes, Old and New," University of Chicago Law Review. PDF
* 1993. "For Justice Marshall," Texas Law Review. PDF
* 1986. Application and letters in support of a Supreme Court clerkship with Justice Marshall. PDF
On the First Amendment:
* 1996. "When A Speech Code Is a Speech Code: The Stanford Policy and the Theory of Incidental Restraints," University of California at Davis Law Review. PDF
* 1996. "Private Speech, Public Purpose: The Role of Governmental Motive in First Amendment Doctrine," University of Chicago Law Review. PDF
* 1993. "Regulation of Hate Speech and Pornography After R.A.V.," University of Chicago Law Review. PDF
* 1992. "The Changing Faces of First Amendment Neutrality: R.A.V. v. St. Paul, Rust v. Sullivan, and the Problem of Content-Based Underinclusion," the Supreme Court Review. PDF
On women and the law:
* 2010. "Women Advocates of the Supreme Court Bar: Their Day in Court." The Newseum, Supreme Court Fellows Program Alumni Association and the First Amendment Center. Video Advice on what women should wear when arguing before the court: Video
* 2008. "Women in the Legal Profession" (National Constitution Center, Peter Jennings Project for Journalists and the Constitution) Video
* 2006. "Women and the Legal Profession: A Status Report (Leslie H. Arps Memorial Lecture)." PDF
On comprehensive tobacco legislation:
On administrative law:
* 2009. "White House Counsel," an article in Mark Green and Michele Jolin's "Change for America: A Progressive Blueprint for the 44th President" (Basic Books). PDF
* 2001. "Presidential Administration," Harvard Law Review. PDF
The Senate Judiciary Committee has posted more on its Web site.
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