Elena Kagan Supreme Court nomination

In the Senate, Kagan's nomination was received positively by most Democrats. Judiciary Committee chairman Patrick Leahy applauded Kagan's experience and qualifications. In doing so, he called attention to her work in academia and with the federal government – noting that both were outside the so-called "judicial monastery" from which most contemporary justices have come. The last justices to join the Court without any prior judicial experience had been Lewis Powell and William Rehnquist, both appointed by President Richard Nixon in 1972.[6]

Republicans were quick to express criticism, particularly over her handling of military recruiters during her time as Dean of Harvard Law School, as well as her work as a law clerk for the late Justice Thurgood Marshall, whom many of them deemed a liberal activist.[7] Even so, minority whip Jon Kyl, who supported Kagan's nominations for solicitor general (a "temporary political appointment") but was reticent to support her associate justice (a "lifetime appointment"),[6] all but ruled out using a filibuster to block a final Senate floor vote on the nomination, telling CBS's Face the Nation, "The filibuster should be relegated to extreme circumstances, and I don't think Elena Kagan represents that."[8] Opposition to Kagan among Senate Republicans was not universal however. A few expressed support for her, including Lindsey Graham, Susan Collins and Richard Lugar.[9]

Activist Michael Johns and tea party members demonstrate against Kagan on July 1, 2010.

The deans of over one-third of the country's law schools, 69 people in total, endorsed Elena Kagan's nomination in an open letter in early June. The letter lauded what it considered her coalition-building skills and "understanding of both doctrine and policy" as well as her written record of legal analysis.[10]

The National Rifle Association announced its opposition to Kagan, and stated that it would score the vote on her confirmation, meaning that Senators who vote in favor of Kagan would receive a lower rating from the organization.[11] At the same time, the Brady Campaign to Prevent Gun Violence announced its support for Kagan's nomination.[12]

Senate Judiciary Committee Chairman Patrick Leahy swears in Kagan during her first day of testimony.

Kagan's Confirmation hearing before the Senate Judiciary Committee began on June 28, 2010.[13] From the 28th through the 30th, Kagan underwent two rounds of questioning by each member of the committee.

Senate Majority Leader Harry Reid meeting with Kagan.

Judiciary Chairman Patrick Leahy meeting with Kagan.

Several witnesses were called to give testimony before the Judiciary Committee at the hearings.[14] These witnesses included Kim Askew and William J. Kayatta, Jr. of the American Bar Association.[14] The Democratic members of the committee called witnesses that included:[14]

• Professor Robert C. Clark, Harvard University Distinguished Service Professor, Austin Wakeman Scott Professor of Law, and former Dean, Harvard Law School
• Fernande "Nan" Duffly, Associate Justice, Massachusetts Court of Appeals, on behalf of the National Association of Women Judges
• Greg Garre, Partner, Latham & Watkins, former Solicitor General of the United States
• Jennifer Gibbins, Executive Director, Prince William Soundkeeper
• Jack Goldsmith, Professor of Law, Harvard University
• Marcia Greenberger, Founder and Co-President, National Women's Law Center
• Jack Gross, plaintiff, Gross v. FBL Financial Services, Inc.
• Lilly Ledbetter, plaintiff, Ledbetter v. Goodyear Tire & Rubber Co.
• Professor Ronald Sullivan, Edward R. Johnston Lecturer on Law, Director of the Criminal Justice Institute, Harvard Law School
• Kurt White, President, Harvard Law Armed Forces Association

Republican members of the committee called the following witnesses:[14]

• Robert Alt, Senior Fellow and Deputy Director, Center for Legal and Judicial Studies, The Heritage Foundation
• Lt. Gen. William "Jerry" Boykin, United States Army (ret.)
• Capt. Pete Hegseth, Army National Guar* Commissioner Peter Kirsanow, Benesch Law Firm
• David Kopel, Esq., Research Director, Independence Institute
• Colonel Thomas N. Moe, United States Air Force (ret.)
• David Norcross, Esq., Blank Rome
• William J. Olson, Esq., William J. Olson, P.C.
• Tony Perkins, President, Family Research Council
• Stephen Presser, Raoul Berger Professor of Legal History, Northwestern University School of Law
• Ronald Rotunda, The Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, Chapman University School of Law
• Ed Whelan, President, Ethics and Public Policy Center
• Dr. Charmaine Yoest, President & CEO, Americans United for Life
• Capt. Flagg Youngblood, United States Army

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• Bybee, Keith J. (2011). "Will the Real Elena Kagan Please Stand Up? Conflicting Public Images in the Supreme Court Confirmation Process" (PDF). Wake Forest Journal of Law & Policy. 1 (1): 137–156. SSRN 1717006.
• Devins, Neal; Baum, Lawrence (2016). "Split Definitive: How Party Polarization Turned the Supreme Court into a Partisan Court". William & Mary Law School Research Paper No. 09-276. SSRN 2432111.

• Kagan Faces Confirmation Questioning on Political Leanings, Guns, Military Recruiting, and Abortion - video report by Democracy Now!
• The Nomination of Elena Kagan to be an Associate Justice of the Supreme Court of the United States: Hearing before the Committee on the Judiciary, United States Senate, One Hundred Eleventh Congress, Second Session, June 28-30 and July 1, 2010. Errata