Elena Kagan Would Be Third Jew on Supreme Court
Elena Kagan would make it three – three women and three Jews on the U.S. Supreme Court for the first time in its history.
President Obama, announcing Monday the nomination of his solicitor general to fill retiring Justice John Paul Stevens’ seat ont the Supreme Court, made one historical element of the nomination explicit; the other was implied.
“She would relish, as I do, the prospect of three women taking their seats on the Supreme Court for the first time in history,” Obama said of Kagan’s late mother, who fought gender discrimination as a lawyer.
The implied reference to Kagan’s Jewishness – joining Ruth Bader Ginsburg and Stephen Breyer – also arose in reference to her parents at the announcement, delivered at the White House alongside Vice President Joe Biden. Both Obama and Kagan referred to her late parents as “children of immigrants.”
The immigrant staus of her grandparents, Kagan said, instilled in her parents a belief in the right of “all Americans, regardless of their background or beliefs, to get a fair hearing and an equal chance at justice.”
Kagan – whose years in the upper reaches of academe have not softened her long, oval New York-bred vowels – got to know Obama through her association with Abner Mikva, the Chicago-area former federal judge who mentored both of them as young lawyers making their way in Chicago. Kagan tried to persuade Obama to seek tenure at the University of Chicago, where he taught for a time, but he had other plans.
Mikva became one of Obama’s most prominent backers as the president’s political career was launched in the mid-1990s. The former judge often would make Obama’s case to the Jewish community.
Kagan, 50, likely would not face Republican opposition in U.S. Senate confirmation hearings. A number of leading conservatives have endorsed her as a moderate.
As dean at Harvard Law, Kagan sought to redress what she perceived as an ideological imbalance by hiring conservative professors.
Conservatives on Monday issued statements critical of Kagan, particularly for resisting military recruitment at Harvard because of the military’s discriminatory policies against gays.
However, U.S. Sen. John Kyl (R-Ariz.), a member of the Senate Republican leadership, told CNN that a filibuster was unlikely. Obama wants Kagan confirmed by the August congressional recess.
Jewish groups that have surveyed the likely picks – Obama reportedly was down to four – have been enthusiastic about the prospect of a Kagan candidacy.
“She’s intellectually brilliant, and politically gifted at finding common ground and finding consensus,” Rabbi David Saperstein, who directs the Reform movement’s Religious Action Center, said when Obama picked Kagan to be his solicitor general.
The Forward is free to read, but it isn’t free to produce

I hope you appreciated this article. Before you go, I’d like to ask you to please support the Forward.
Now more than ever, American Jews need independent news they can trust, with reporting driven by truth, not ideology. We serve you, not any ideological agenda.
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.
This is a great time to support independent Jewish journalism you rely on. Make a gift today!
— Rachel Fishman Feddersen, Publisher and CEO
Support our mission to tell the Jewish story fully and fairly.
Most Popular
- 1
Culture Cardinals are Catholic, not Jewish — so why do they all wear yarmulkes?
- 2
News School Israel trip turns ‘terrifying’ for LA students attacked by Israeli teens
- 3
Fast Forward Ye debuts ‘Heil Hitler’ music video that includes a sample of a Hitler speech
- 4
Fast Forward Student suspended for ‘F— the Jews’ video defends himself on antisemitic podcast
In Case You Missed It
-
Yiddish קאָנצערט לכּבֿוד דעם ייִדישן שרײַבער און רעדאַקטאָר באָריס סאַנדלערConcert honoring Yiddish writer and editor Boris Sandler
דער בעל־שׂימחה האָט יאָרן לאַנג געדינט ווי דער רעדאַקטאָר פֿונעם ייִדישן פֿאָרווערטס.
-
Fast Forward Trump’s new pick for surgeon general blames the Nazis for pesticides on our food
-
Fast Forward Jewish feud over Trump escalates with open letter in The New York Times
-
Fast Forward First American pope, Leo XIV, studied under a leader in Jewish-Catholic relations
-
Shop the Forward Store
100% of profits support our journalism
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 comply with the following:
- Credit the Forward
- Retain our pixel
- Preserve our canonical link in Google search
- Add a noindex tag 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.