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Author: Adam Schlossman

The eleventh briefing in our series on nominee Elena Kagan, here, is about the release of executive-branch documents related to Kagan. We have previously released ten other briefs in our nomination series, on abortion, “don’t ask, don’t tell,” working with the right, gender diversity on the Court, Citizens United, diversity...

Our next Elena Kagan issue brief, on diversity hiring, is here. We have previously released six other briefs in our nomination series, on abortion, “don’t ask, don’t tell,” working with the right, gender diversity on the Court, Citizens United, and executive power.  All of these briefs are also available...

Our next Elena Kagan issue brief, on executive power, is here. The previous five briefs in our nomination series are on abortion, “don’t ask, don’t tell,” working with the right, gender diversity on the Court, and Citizens United....

In other nomination-related news:
  • From the U.K., the Telegraph discusses the prospect that, if Kagan is confirmed, the Court would be made up of six Catholics and three Jews.
  • The Los Angeles Times reports that Elena Kagan, if confirmed, would join two other female Justices –Ginsburg and Sotomayor – from New York City.
  • At AOL News, Tamara Lytle discusses the likelihood that cameras will come to the Court and concludes that, although “Elena Kagan may have raved about the benefits of allowing cameras” in the Supreme Court, that day is “still likely far off.
  • The BLT reports that the American Bar Association will begin to evaluate Elena Kagan’s qualifications to serve on the Supreme Court. Eugene Volokh briefly reviews past ABA ratings for Souter (“well qualified”), Thomas (“qualified”), and Roberts (‘well qualified”)
  • At the WSJ Law Blog, Ashby Jones turns to the question of a possible successor to Kagan in the SG’s office.  He notes that a recent story by Marc Ambinder in the Atlantic has identified associate White House Council Don Verrilli as a likely successor.  However, even if the job may ultimately go to Verrilli, Jones writes, “it hasn’t happened yet.”

One hot topic during Kagan’s confirmation is likely to be a memo to then-President Bill Clinton that she co-authored; the memo recommended that Clinton “ban late-term abortions” as long as exceptions for the health of the mother remained.  The WSJ Law Blog characterizes the memo as representing a “pragmatic calculation” that “fits in with the overall picture of Kagan as someone who generally takes liberal stands when she delves into social issues but does so with nuances that distinguish her from some on the left wing.” ABC News, the New York Times, and Medical News Today also carry the story. At Slate, Emily Bazelon addresses the memo in the context of gaining a clearer sense of Kagan’s legal views on abortion.  Relatedly, Politico examines documents in the Clinton library in which Kagan “urged President Bill Clinton to take centrist stances in several battles…when other administration officials or allies were pressing for a more aggressively liberal approach.”

According to the AP (via the Atlanta Journal Constitution), Republicans on the Judiciary Committee are seeking to obtain documents from Elena Kagan’s stint in the Clinton Administration; Senator Jeff Sessions argues that such documents are necessary to “make sure she would faithfully apply the Constitution and not be a rubber stamp” for the Obama Administration.  As Shailagh Murray of the Washington Post reports, Ron Klain, chief of staff to Vice President Biden, chief counsel, told reporters that he is “sure” that the White House will reach an “accommodation” with the Clinton Library on the papers.  Michael Gerson, at the Washington Post, writes that “the most prominent thing about Kagan is her extraordinary ability, while holding high-profile jobs in the legal profession, to say nothing on the major issues of the day.”  The AP (via ABC 7 News) summarizes Kagan’s “thin paper trail,” while Bloomberg reports that Senator Orrin Hatch and many conservative groups expect Kagan to be confirmed.

The Wall Street Journal profiles the list of potential nominees under consideration by the White House.  Anne Kornblut and Robert Barnes of the Washington Post discuss the administration’s list here.  ABC News reports that the White House plans to select a nominee by early May and briefly profiles some of the candidates on the administration’s short list.  TIME also discusses the short list, as well as the possibility that the next nominee may come from “inside [or] outside [the] judicial monastery.” The Associated Press reports on the “short list” and the possibility that the tea party movement could play a role in opposing the eventual nominee.

The retirement of Justice Stevens and speculation over potential nominees and the nomination process itself continue to dominate the news.  In the USA Today, Jonathan Turley reflects on the life, career, and legacy of Justice Stevens, describing his retirement as also “the departure of the last of the court’s ‘greatest generation.’”  In an NPR interview, Stevens biographer Bill Barnhart and U.C. Davis associate dean Vikram Amar similarly discuss the Justice’s career and delve a bit into his personality; Barnhart also discusses his new biography in an interview with the Chicago Tribune.  At CNN, Bill Mears writes that Justice Stevens’ influence on the liberal wing of the Court will be difficult to replicate, regardless of who is eventually nominated; Mears also notes that Stevens’ “willingness to put aside ego and to rule narrowly on hot-button cases -- combined with an unmatched cordiality and kindness -- earned him quiet power and respect.”   ACSblog summarizes content taken from various blogs that recently addressed the career and legacy of Justice Stevens, while a recap of Stevens-related discussion from the Sunday news shows can be found at the Ninth Justice.

Effective February 16, 2010, the Court adopted revised Rules of the Supreme Court.  A complete copy of the updated rules can be found here.   The revisions, which are summarized in this memorandum from the Court,  include: - A reduction in the number of words allowed for...