Skip To Content
JEWISH. INDEPENDENT. NONPROFIT.
Life

Is Elena Kagan ‘One of Us’?

One of the biggest questions Jewish groups and feminists have debated since the nomination of Elena Kagan is whether it’s possible to effect genuine but incremental change from within or more desirable to work outside the system. This kind of insider/outsider anxiety is particularly potent for contemporary Jews, who are mindful of our historical status as outsiders but fascinated when one of us gets a place in the halls of power (See the excitement over David Axelrod.) From her bat mitzvah onward, Kagan has never presented herself as someone who stood at the gates and demanded revolution. Instead, she’s someone who has marched through the gates, climbed the ladder inside, and been pragmatic once she got there.

As a result, she’s made a lot of compromises. Her roots, her much-debated senior thesis and a few hints suggest to many that she’s “one of us” — that is, a liberal, intellectual Jew with high-minded ideals. And yet the endless shroud of mystery over her genuine political passions and her reputation as a compromiser has led to lots of suspicion from the progressive Jews and feminists who have, in their own lives, taken the risk of putting their strong, sometimes unpopular beliefs on display. As

Amanda Marcotte noted recently that Kagan seems far too eager to immediately jump on the bandwagon of conciliation.

My sense is that Kagan is a political animal. Why? Take this story, for example. Kagan also urged President Clinton to support sentencing laws that treat the possession of crack cocaine as more serious than the possession of powder cocaine, even though it’s the same drug. The only real difference between the drugs is a class difference, and the result of these sentencing laws is functionally racist. There’s really no question that the sentencing laws are deeply unjust, but Kagan advised Clinton to support them anyway to send a signal that he was tough on crime.

These types of stories make me nervous. It’s not that I don’t respect Kagan’s path. In fact, I recognize it. I’m someone who has always vacillated between journalism and activism, between being the token feminist at mainstream media organizations and being a member of a group that protests those organizations. And I’ve found through experience that the agitators on the outside need sympathetic ears on the inside and vice versa. It’s also true that when you’re implanted in the mainstream, it’s impossible to fully follow your gut convictions and still get things done. Compromise is essential.

But the worry with Kagan is that — as I sometimes fear about her boss — compromise itself is her ideal rather than the end result of a hard-contested battle. And that makes her more “one of them” than “one of us.”

A message from our CEO & publisher Rachel Fishman Feddersen

I hope you appreciated this article. Before you go, I’d like to ask you to please support the Forward’s award-winning, nonprofit journalism during this critical time.

At a time when other newsrooms are closing or cutting back, the Forward has removed its paywall and invested additional resources to report on the ground from Israel and around the U.S. on the impact of the war, rising antisemitism and polarized discourse..

Readers like you make it all possible. Support our work by becoming a Forward Member and connect with our journalism and your community.

—  Rachel Fishman Feddersen, Publisher and CEO

Join our mission to tell the Jewish story fully and fairly.

Republish This Story

Please read before republishing

We’re happy to make this story available to republish for free, unless it originated with JTA, Haaretz or another publication (as indicated on the article) and as long as you follow our guidelines. You must credit the Forward, retain our pixel and preserve our canonical link in Google search.  See our full guidelines for more information, and this guide for detail about canonical URLs.

To republish, copy the HTML by clicking on the yellow button to the right; it includes our tracking pixel, all paragraph styles and hyperlinks, the author byline and credit to the Forward. It does not include images; to avoid copyright violations, you must add them manually, following our guidelines. Please email us at [email protected], subject line “republish,” with any questions or to let us know what stories you’re picking up.

We don't support Internet Explorer

Please use Chrome, Safari, Firefox, or Edge to view this site.