Elena Kagan’s Nomination at the Senate Judiciary Committee Website

Solicitor General Elena Kagan was confirmed on March 19, 2009.  A hearing to consider her nomination was held on February 10, 2009. An archived webcast is available.  On March 5, 2009, the Judiciary Committee ordered the nomination reported to the Senate for consideration.

• Committee Questionnaire and Related Materials
• Responses to Questions Submitted for the Record
• Letters Received in Connection with the Nomination

A transcript of the hearing, including the Committee Questionnaire, responses to questions submitted for the record, and letters received in connection with the nomination is available through theGovernment Printing Office.

Committee Questionnaire

• Question 13A – Publications
• • “Office of the White House Counsel,” in Mark Green and Michele Jolin, eds., Change for America: A Progressive Blueprint for the 44th President (Basic Books 2009).
  • “Forward,” in Daniel Hamilton and Alfred Brophy, eds., Transformations in American Legal History: Essays in Honor of Professor Morton J. Horwitz (Harvard 2009).
  • Harvard Law Revisted, 11 The Green Bag 475 (2008).
  • In Memoriam: Clark Byse, 121 Harvard Law Review 454 (2007).
  • Richard Posner, The Judge, 120 Harvard Law Review 1121 (2007).
  • In Memoriam: David Westfall, 119 Harvard Law Review 947 (2006).
  • Women and the Legal Profession – A Status Report (Leslie H. Arps Memorial Lecture), 61 The Record 37 (2006).
  • Chevron‘s Nondelegation Doctrine, 2001 Supreme Court Review 201 (with David J. Barron).
  • Presidential Administration, 114 Harvard Law Review 2245 (2001).
  • Confirmation Messes, Old and New (Book Review), 62 University of Chicago Law Review 873 (1993).
  • Regulation of Hate Speech and Pornography after R.A.V., 60 University of Chicago Law Review 873 (1993).
  • • Abbreviated version of article, Laura Lederer and Richard Delgado, eds., The Price We Pay (Hill & Wang 1995).
  • A Libel Story: Sullivan Then and Now (Book Review), 18 Law and Social Inquiry 197 (1993).
  • For Justice Marshall, 71 Texas Law Review 1125 (1993).
  • The Changing Faces of First Amendment Neutrality: R.A.V. v St. Paul, Rust v Sullivan, and the Problem of Content-Based Underinclusion, 1992 Supreme Court Review 29.
  • Private Speech, Public Purpose: The Role of Governmental Motive in First Amendment Doctrine, 63 University of Chicago Law Review 413 (1996).
  • When A Speech Code Is A Speech Code: The Stanford Policy and the Theory of Incidental Restraints, 29 University of California at Davis Law Review 957 (1996).
  • Libel and the First Amendment (Update), Encyclopedia of the American Constitution (2000).
  • Masson v. New Yorker Magazine, Inc., Encyclopedia of the American Constitution (2000).
  • Note, Certifying Classes and Subclasses in Title VII Suits, 99 Harvard Law Review 619 (1986).
  • Columns, “From the Dean,” Harvard Law Bulletin, 2004-2008
  • Press Releases, Harvard Law School, 2003-2008
  • E-mails concerning the Solomon Amendment, as listed on page eight of Committee Questionnaire
• Question 13B – Reports, Memoranda and Policy Statements
• • November 18, 2008 – Boston Bar Association Diversity Leadership Task Force, Final Report and Recommendations
  • June 2008 – New York State Commission on Higher Education, Final Report of Findings and Recommendations
  • American Law Deans Association, occasional statements and reports about matters of concern to law schools.

• Question 13C – Testimony and Official Statements
• • February 14, 2007 – Letter from Law School Deans, calling for an increase in the compensation of federal judges
  • January 15, 2007 – Statement of Law School Deans, criticizing remarks of Deputy Assistant Secretary of Defense regarding legal representation of detainees at Guantanamo
  • November 14, 2005 – Joint Letter to Senator Patrick Leahy, opposing the Graham Amendment to the Department of Defense authorization bill insofar as it would have stripped the federal courts of jurisdiction to hear habeas petitions brought by detainees at Guantanamo
  • May 4, 2005 – Statement of Law School Deans, opposing threats of retaliation against federal judges and asserting the importance of an independent judiciary
  • September 10, 2002 – Letter to Senator Patrick Leahy in support of Michael McConnell’s nomination to the U.S. Court of Appeals for the Tenth Circuit; group letter on the same matter; Department of Justice press availability
  • June 17, 2002 – Letter to Senator Paul Sarbanes about the Public Company Accounting Reform and Investor Act of 2002 (“Sarbanes-Oxley”)
  • April 12 and 13, 2001 – Group letters in support of Peter Keisler’s nomination to the U.S. Court of Appeals for the Fourth Circuit
  • May 27, 1998 – Press Briefing on Welfare Reform (with Secretary Donna Shalala and Eli Segal)
  • March 9, 1998 – Press Briefing on Tobacco Legislation (with Chris Jennings)
  • February 13, 1998 – Press Briefing on Tobacco Legislation (with General Barry McCaffery)
  • November 7, 1997 – White House Conference on hate Crimes (with Maria Echaveste)
• Question 13D – Speeches – Continue to Website for Speeches; http://judiciary.senate.gov/nominations/111thCongressExecutiveNominations/SolicitorGeneral-ElenaKagan.cfm