April D. Ryan

Some Republicans at the Supreme Court confirmation hearings for Elena Kagan are raising questions about her work as a clerk for the late Justice Thurgood Marshall.    Arizona’s Jon Kyl said he wouldn’t consider Marshall’s judicial philosophy as being part of the “mainstream.” Marshall was a civil rights attorney and became the court’s first black justice.

Kagan is an admirer of the late Justice Thurgood Marshall, but Kagan tells senators that she’d think and act for herself, rather than trying to emulate the man she once clerked for. She adds that she thinks Marshall’s life was about “seeing the court take seriously claims that were not taken seriously anywhere else.”

This is not the first time Kagan has answered Senators inquires on her record.   The Supreme Court nominee submitted written answers to questions to the Senate last month.   Her responses were received on May 18, 2010.

The link for the Kagan Senate written question and answers.

http://judiciary.senate.gov/nominations/SupremeCourt/KaganQuestionnaire.cfm

One question she answered was on her work in the Clinton Domestic Policy office and her extensive work on the Hate Crimes Conference, where sexual orientation was added to the categories.

Danielle Gray, of the White House Counsels offices says, Kagan discussed in the questionnaire, her work on criminal justice, this was “President Clinton’s kick off saying we will support legislation that would both strengthen traditional hate crimes enforcement and provide more resources for federal prosecutors to go after these kinds of crimes and that would add sexual orientation to the categories.”

Another big area of her response was the criminal justice area. Gray says, “It is not true that she [Kagan] recommended President Clinton do nothing on the crack cocaine and powder cocaine disparity.   Gray contends, “she was supportive” of moving the disparity to “10 to one.” Gray believes Kagan was forward thinking as the sentencing rate now stands at 18 to one from the previous 100 to 1 sentencing disparity ratio.

The National Urban League and the NAACP are among the civil rights groups endorsing Kagan to become the next United States Supreme Court Justice.