Elena Kagan

Elena Kagan
Official portrait, 2013
Elena Kagan
Born	28 4, 1960
Birthplace	New York City, New York, U.S.
Nationality	American
Occupation	Associate Justice of the Supreme Court of the United States
Known for	First female Solicitor General of the United States; first female Dean of Harvard Law School; Associate Justice of the Supreme Court
Education	Harvard Law School (J.D.)

Elena Kagan (born April 28, 1960) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. Nominated by President Barack Obama in 2010 and confirmed by the United States Senate in a 63–37 vote, she became the fourth woman to serve on the nation's highest court. Before her appointment to the bench, Kagan built a career that spanned legal academia, government service, and appellate advocacy — yet she arrived at the Supreme Court without ever having served as a judge, making her the most recent justice appointed without prior judicial experience. Born and raised in New York City, Kagan graduated from Princeton University, Worcester College, Oxford, and Harvard Law School, and clerked for Supreme Court Justice Thurgood Marshall. She served as a professor at the University of Chicago Law School and at Harvard Law School, where she became the first female dean in the institution's history. In government, she served as Associate White House Counsel and domestic policy adviser under President Bill Clinton, and later as the first female Solicitor General of the United States under President Obama. On the Supreme Court, Kagan has authored majority opinions in significant cases including Cooper v. Harris, Chiafalo v. Washington, and Kisor v. Wilkie, along with prominent dissents in cases such as Rucho v. Common Cause, West Virginia v. EPA, and Janus v. AFSCME.

Early Life

Elena Kagan was born on April 28, 1960, in New York City and was raised on the Upper West Side of Manhattan. She grew up in a Jewish family with strong ties to their local community. The family were members of Lincoln Square Synagogue, a prominent Modern Orthodox congregation on the Upper West Side.

Kagan's upbringing in New York City shaped her intellectual development and early ambitions. Growing up in Manhattan during the 1960s and 1970s, she was exposed to the city's diverse cultural and political life. She attended Hunter College High School, a selective public school in New York City known for its rigorous academic program.

From a young age, Kagan displayed a strong interest in law and public affairs. Her formative years on the Upper West Side — a neighborhood known for its liberal intellectual culture — provided the backdrop for what would become a career dedicated to legal scholarship and government service.

Education

Kagan pursued her undergraduate education at Princeton University, where she wrote a senior thesis examining the history of socialist politics in New York City. The thesis, titled "To the Final Conflict: Socialism in New York City, 1900–1933," examined the internal divisions and external pressures that contributed to the decline of the socialist movement in the early twentieth century. She graduated from Princeton with her bachelor's degree.

After Princeton, Kagan studied at Worcester College, Oxford, where she earned a Master of Philosophy degree. She then attended Harvard Law School, where she earned her Juris Doctor degree. At Harvard Law, Kagan served as supervisory editor of the Harvard Law Review.

Following law school, Kagan undertook a series of prestigious clerkships. She clerked for Judge Abner Mikva of the United States Court of Appeals for the District of Columbia Circuit, and subsequently clerked for Justice Thurgood Marshall of the Supreme Court of the United States. Marshall reportedly referred to Kagan by the nickname "Shorty." These clerkship experiences provided Kagan with direct exposure to federal appellate practice and the workings of the Supreme Court, experiences that would prove foundational to her later career.

Career

Legal Academia at University of Chicago

After completing her clerkships, Kagan entered legal academia. She joined the faculty of the University of Chicago Law School as a professor, where she taught and conducted legal scholarship. During her time at the University of Chicago, Kagan established herself as a legal scholar. Her time in Chicago also reflected an engagement with the broader academic community at the university; she participated in recreational activities with colleagues, including playing in Chicago-style 16-inch softball games.

The question of how many law articles Kagan published during her academic career became a subject of public discussion during her later Supreme Court nomination. Assessments varied depending on how scholarly publications were counted, with some commentators noting that her publication record, while not voluminous by traditional academic standards, included work of notable quality and influence.

Clinton Administration

Kagan left academia to enter government service during the administration of President Bill Clinton. She served first as Associate White House Counsel and then transitioned into a policy role as Deputy Director of the Domestic Policy Council, a position she held from 1997 to 2000. In this capacity, Kagan advised the President on a range of domestic policy matters and played a role in the formulation and development of administration policy priorities.

During the Clinton years, Kagan was nominated by President Clinton to serve on the United States Court of Appeals for the District of Columbia Circuit. However, the nomination expired without receiving action from the Senate, leaving Kagan without a seat on the federal bench. This episode would later be cited during discussions of her Supreme Court nomination as evidence of the increasingly contentious nature of the judicial confirmation process.

Dean of Harvard Law School

After her service in the Clinton administration and the lapse of her D.C. Circuit nomination, Kagan returned to academia, this time joining the faculty of Harvard Law School. On July 1, 2003, she was appointed the 11th Dean of Harvard Law School, becoming the first woman to hold that position in the school's history. She succeeded Robert Clark as dean and served in the role until March 19, 2009, when she departed to become Solicitor General. She was succeeded as dean by Martha Minow.

Kagan's tenure as dean was noted for efforts to reshape the faculty and the student experience at Harvard Law. She made a number of prominent faculty hires, including recruiting scholars from across the political and ideological spectrum. Among the faculty she brought to Harvard was Lawrence Lessig, the prominent legal scholar and public intellectual known for his work on internet law, copyright, and institutional corruption. These hiring decisions were broadly interpreted as efforts to reinvigorate the law school's intellectual environment and to bridge ideological divides within the faculty.

During her deanship, Kagan also addressed campus controversies. One notable issue involved military recruitment on campus. Like many law schools, Harvard Law had restricted access for military recruiters in protest of the military's "Don't Ask, Don't Tell" policy, which barred openly gay and lesbian individuals from serving in the armed forces. Kagan navigated this contentious issue while balancing the school's nondiscrimination policies against federal requirements under the Solomon Amendment, which tied federal funding to campus access for military recruiters.

Kagan's approach to the deanship was characterized by a focus on improving student life and the overall atmosphere at the law school. She invested in campus amenities and worked to foster a more collegial environment among students and faculty. Her deanship was later credited with having transformed the culture of Harvard Law School during a period of significant internal change.

In October 2008, during the final months of the presidential campaign between Barack Obama and John McCain, Harvard Law School organized public discussions about the election, reflecting the school's engagement with contemporary political events during Kagan's leadership.

Solicitor General of the United States

In 2009, President Barack Obama nominated Kagan to serve as the 45th Solicitor General of the United States, the government's chief advocate before the Supreme Court. Upon her confirmation, she became the first woman to hold the position. She served as Solicitor General from March 19, 2009, to May 17, 2010, with Neal Katyal serving as her principal deputy.

As Solicitor General, Kagan was responsible for overseeing and conducting the government's litigation in the Supreme Court. The office of the Solicitor General determines which cases the federal government will appeal to the Supreme Court, represents the government in oral arguments, and files amicus curiae briefs in cases of interest to the federal government. Kagan's tenure in the office, while relatively brief, provided her with direct experience in Supreme Court advocacy that would inform her subsequent service as a justice.

Supreme Court of the United States

On May 10, 2010, President Obama nominated Kagan to the Supreme Court to fill the vacancy created by the impending retirement of Justice John Paul Stevens. The nomination made her only the fourth woman in American history to be nominated to the Supreme Court. After confirmation hearings before the Senate Judiciary Committee, the full Senate confirmed her nomination on August 5, 2010, by a vote of 63–37. She took the judicial oath on August 7, 2010, and became the 112th justice of the Supreme Court.

Kagan's nomination was notable in part because she had no prior experience as a judge. She was the first justice since William Rehnquist (appointed in 1971) to join the Court without having previously served on the federal bench, and as of 2022, she remains the most recent justice appointed without prior judicial experience.

Jurisprudence and Major Opinions

On the Court, Kagan has authored majority opinions in several significant cases. In Cooper v. Harris (2017), she wrote the majority opinion addressing racial gerrymandering in North Carolina congressional districts. In Chiafalo v. Washington (2020), she authored the Court's unanimous opinion holding that states may enforce laws that bind presidential electors to vote for the candidate who wins their state's popular vote. In Kisor v. Wilkie (2019), she wrote the majority opinion addressing the deference courts owe to federal agencies' interpretations of their own ambiguous regulations.

Kagan has also authored a number of prominent dissenting opinions. She dissented in Rucho v. Common Cause (2019), in which the majority held that federal courts lack the authority to adjudicate claims of partisan gerrymandering. She wrote notable dissents in West Virginia v. EPA (2022), addressing the scope of the Environmental Protection Agency's authority to regulate carbon emissions; in Brnovich v. Democratic National Committee (2021), concerning the interpretation of Section 2 of the Voting Rights Act; in Janus v. AFSCME (2018), which addressed mandatory union fees for public-sector employees; and in Seila Law v. Consumer Financial Protection Bureau (2020), concerning the constitutionality of the structure of the Consumer Financial Protection Bureau.

Kagan's early years on the Court were marked by what observers described as a consensus-building approach, seeking to find common ground with colleagues across ideological lines. This approach shifted following the conservative supermajority's decision to overturn Roe v. Wade in Dobbs v. Jackson Women's Health Organization (2022), after which Kagan adopted a more pointed voice in dissent.

In January 2026, Kagan joined the Supreme Court's conservative majority in a 7–2 ruling in Bost v. Illinois, breaking with her liberal colleagues in rejecting a legal challenge. The case demonstrated that Kagan continues to exercise independent legal judgment that does not always align with the Court's ideological blocs.

In February 2026, the Supreme Court issued a ruling in a major case involving presidential tariff authority that drew significant public and legal attention. The case produced notable exchanges between the justices, with Kagan and Justice Neil Gorsuch engaging in a pointed debate about the limits of executive power. The case exposed divisions within the Court's conservative bloc and prompted commentary about the evolving positions of the liberal justices regarding executive authority.

Public Statements on Judicial Independence

In July 2025, amid escalating tensions between the Trump administration and the federal judiciary, Kagan spoke publicly about the importance of respecting judicial orders. Speaking to an audience of judges, Kagan stated that judges' orders "need to be respected," addressing what she described as challenges to judicial independence and the rule of law. The remarks were notable for their directness, as Supreme Court justices typically avoid commenting on the actions of the other branches of government.

Personal Life

Kagan was born and raised on the Upper West Side of Manhattan. Her family were members of Lincoln Square Synagogue, a Modern Orthodox congregation in New York City. She has maintained a connection to New York City throughout her life, even as her career took her to Cambridge, Chicago, Washington, D.C., and other cities.

Outside of her professional activities, Kagan has been known to engage in recreational sports. During her time on the faculty at the University of Chicago Law School, she participated in Chicago-style 16-inch softball, a distinctive local variant of the game played without gloves.

Kagan is unmarried and does not have children. She has been described by colleagues and acquaintances as a sociable and engaging conversationalist with a sharp sense of humor.

In September 2025, Kagan visited Pepperdine University's Caruso School of Law, where she participated in the final round of the annual Armand Arabian Advocacy Tournament, reflecting her ongoing engagement with law students and legal education outside of her Supreme Court duties.

Recognition

Kagan has achieved a number of historic firsts throughout her career. She was the first woman to serve as Dean of Harvard Law School, the first woman to serve as Solicitor General of the United States, and the fourth woman to serve as a justice of the Supreme Court. These milestones have placed her among the most prominent female legal figures in American history.

Her appointment as Solicitor General in 2009 was covered widely in legal and mainstream media as a historic milestone for women in the legal profession. Similarly, her nomination and confirmation to the Supreme Court in 2010 drew extensive coverage and public attention.

Kagan has been recognized within the legal profession as an effective legal academic administrator. Her deanship at Harvard Law School is credited with revitalizing the school's intellectual community, improving student life, and attracting high-profile faculty from across the ideological spectrum. Her hiring decisions as dean — including the recruitment of conservative scholars as well as liberal ones — were noted as evidence of her commitment to intellectual pluralism in legal education.

On the Supreme Court, Kagan's writing style has received attention for its clarity, precision, and accessibility. Her majority opinions and dissents have been cited by legal commentators for their analytical rigor and their ability to communicate complex legal concepts to broader audiences.

Legacy

Elena Kagan's career has spanned the major institutions of American law — from the country's leading law schools to the White House, the office of the Solicitor General, and the Supreme Court. Her path to the bench was distinctive in its absence of prior judicial experience, following a career focused instead on academic leadership and executive branch service. This background has informed a jurisprudential approach that draws on administrative law expertise and a pragmatic understanding of how government operates.

Her tenure as Dean of Harvard Law School left a lasting mark on the institution. The faculty she recruited, the programmatic changes she implemented, and the cultural shifts she fostered during her six-year deanship reshaped the law school during a period of transition.

On the Supreme Court, Kagan's opinions have contributed to the development of law in areas including election law, administrative law, and the regulation of the political process. Her dissents in cases such as Rucho v. Common Cause and West Virginia v. EPA have articulated positions on the role of courts in reviewing political processes and executive authority that are likely to influence future legal debates. Her more recent participation in cases involving executive power — including the 2026 tariffs dispute — indicates her continued engagement with foundational questions about the separation of powers and the scope of presidential authority.

As one of the liberal justices on a Court with a conservative supermajority, Kagan's dissenting opinions have taken on increased significance as statements of an alternative legal vision. Her 2025 public remarks on judicial independence further underscored her concern for the institutional integrity of the federal judiciary during a period of political tension between the branches of government.