On Tuesday, June 15, Deans from several of the United States best law schools held a conference call to express their support for Elena Kagan's nomination to the Supreme Court.
Those leading the discussion included Martha Minow, Dean and Jeremiah Smith, Jr. Professor of Law at the Harvard Law School, Evan H. Caminker, Dean and Branch Rickey Collegiate Professor of Law at the University of Michigan Law School, Joseph D. Kearney, Dean and Professor of Law, Marquette University Law School. Earlier in the day, a letter written by Larry D. Kramer, Dean and Richard E. Lang Professor of Law at Stanford Law School was posted on the website of the Senate Judiciary Committee, outlining the ways in which they believe Kagan's time as Dean of Harvard Law School make her a good candidate for the court. The letter was also accompanied by a list of endorsements from 69 additional Deans of U.S. law schools.
Kearney was the only one of the three conference participants not to have signed the letter, which he explained was due to the fact that he "didn't read the letter." Kearney asserted that "no inference should be drawn" from his not signing. The three Deans gave short explanations on the different reasons that they believe Kagan's role as at Harvard will have prepared her for the position as Associate Justice.
Minow, Kagan's successor at Harvard Law School explained that she is known for her deep engagement in every aspect of the school, "morning, noon and night."
Camiker explained that her position at Harvard was similar to being "a ceo of a nonprofit" in that she had many levels of people to please: students, alumni, faculty and administration. He explained the importance of having representation from people "who can relate to how real world institutions operate" and who can "relate to individuals as individuals."
Kearney, who does not know Kagan personally says he "much admired Elena Kagan's work as Dean" based on his "admiration of her as a professional," not as an individual with whom he had personal connections.
A question an answer session followed the three Dean's messages.
Jeffrey Toobin of The New Yorker expressed that "Supreme Court judges dont hire or fire," and they dont make budgets. He asked the Deans what they knew about her stances on various judicial issues. Minnow responded, saying that "Senators will have a chance to ask her those kinds of questions. The important thing to know is that she's an awfuly good and careful lawyer. She's practical, she's not a big ideological person."
Camiker said that he disagreed with the "basis of question." He said that while the duties of a Dean and a Judge may not be identical, Judges still "have to construct workeable doctrines" and that they "actually take the law as it is best understood from the statute," overall concluding that "her experience is quite useful."
Minnow conceded that it's a "fair point that she has not been a judge--that's a fact." At the same time, she said that suggesting Kagan ideology is either too far Left or too far Right is not worth arguing over, saying that "the fact that both things have been said show that it's 'bunk.'"
Law School Deans Express Support for Elena Kagan Nomination
Published: Tuesday, June 15, 2010
Updated: Tuesday, June 15, 2010 23:06
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