The Discreet Uniter: An Analysis of Elena Kagan’s Role on the Roberts

Abstract

Eleven years have passed since Elena Kagan’s appointment to the United States Supreme Court. Kagan’s confirmation hearings were stifled with doubts concerning her lack of experience practicing law and outright absence of judicial experience. Nevertheless, past colleagues, mentors, and former President Obama all endorsed Kagan’s intellectual prowess and her particular knack for forging consensus. Since her appointment, doubts regarding the Justice’s qualifications to apply justice under the law have gradually dissipated. This article aims to identify Kagan’s success through examining her role as I) an advocate for democracy, II) her textualist pragmatism, and III) her role as an uniter on the Court