Kagan confirmed as Solicitor General

Editor's Note :

Kagan confirmed as Solicitor General

Reconciling ceilings and floors: Alleyne v. United States – Mike Gottlieb

Opinion recap: If you want to claim the Fifth . . . – Lyle Denniston

Opinion analysis: Turns out, turnabout is fair play – Kevin Russell

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Posted Thu, March 19th, 2009 4:51 pm

The Senate has voted 61-31 to confirm former Dean of Harvard Law School Elena Kagan as the first female solicitor general. She will become the 45th person to hold the office. The roll call of the vote is available here.

All 31 votes against her confirmation came from Republicans, including Sen. Jeff Sessions (R-Ala.) who had spoken out against her nomination and Sen. Arlen Specter (R-Pa.) who pressed her during and after the nomination hearing to voice her opinions about issues such as abortion, capital punishment, same-sex rights and military recruitment on university campuses.

For more biographical information and live blog notes from last month’s confirmation hearing click here. For Tom’s earlier speculations about Kagan as a possible Supreme Court nominee should a vacancy arise, click here.

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Featured Posts

Reconciling ceilings and floors: Alleyne v. United States – Mike Gottlieb

Opinion recap: If you want to claim the Fifth . . . – Lyle Denniston

Opinion analysis: Turns out, turnabout is fair play – Kevin Russell
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This Week at the Court

On Monday the Court granted four new cases and issued opinions in five cases: Arizona v. Inter Tribal Council of Arizona; Salinas v. Texas; FTC v. Actavis; Alleyne v. United States; Maracich v. Spears.

We expect opinions again on Thursday at 10 a.m. We will begin live blogging around 9:00 on Thursday.
Major Cases
- Fisher v. University of Texas at Austin
  Affirmative action
- Shelby County v. Holder
  Constitutionality of Section 5 of Voting Rights Act
- Hollingsworth v. Perry
  California's definition of marriage and the Equal Protection Clause
- United States v. Windsor
  Constitutionality of the Defense of Marriage Act
- Association for Molecular Pathology v. Myriad Genetics, Inc.
  Natural genes are not patentable; synthetic genes are.
Upcoming Petitions
- Wilson v. Flaherty Habeas challenge to sex offender registrations
- Samantar v. Yousuf Common law immunity for foreign officials acting on behalf of foreign states
- Pruitt v. Nova Health Systems Constitutionality of state law requiring pre-abortion ultrasounds
- Lozano v. Alvarez Return of an abducted child under the Hague Convention
More Petitions »
Major Pending Petitions
- Pruitt v. Nova Health Systems
  Constitutionality of state law requiring pre-abortion ultrasounds
- Executive Benefits Insurance Agency v. Arkison
  Bancrupcy court jurisdiction based on "implied consent" of litigants
- Environmental Protection Agency v. EME Homer City Generation
  States' regulation of interstate air pollution contributions under the Clean Air Act
- National Labor Relations Board v. Noel Canning
  Constitutionality of President's recess appointments to NRLB
- Mulhall v. Unite Here Local 355
  Rights under the Labor-Management Relations Act
Recent Decisions
- Salinas v. Texas The privilege against self-incrimination must be expressly invoked.
- Maracich v. Spears Federal law prohibits use of private driver data to solicit clients.
- Federal Trade Commission v. Actavis “Pay for delay” lawsuits against drug manufacturers can proceed.
- Arizona v. The Inter Tribal Council of Arizona, Inc. Arizona’s proof-of-citizenship requirement for voters is preempted by federal law.
- Alleyne v. United States Juries must find facts that increase mandatory minimum sentences.
Recent Special Features
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Cases argued 75

Cases decided 61

Summary reversals 4

Merits Cases Set for Argument 75

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Cases argued	75
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