D.C. Decoder: Supreme Fight

By Ryan Teague Beckwith

n this episode of "D.C. Decoder," veteran Washington journalist Craig Crawford tells you what to look for in the upcoming Supreme Court nomination battle.

Seven questions for Elena Kagan

Advocacy groups want to learn more about her take on these issues.

By Ambreen Ali

With no judicial record to dig through, conservative and liberal groups alike are scrutinizing Supreme Court nominee Elena Kagan's past for signs of her political leanings.
At 50, Kagan has served as the dean of Harvard Law School, associate White House counsel to President Bill Clinton, and law clerk for Justice Thurgood Marshall.
Advocacy groups have drawn the most clues about Kagan's views from her tenure at Harvard, where she was praised for bridging the gap between liberals and conservatives. Indeed, she snagged several Republican votes when she was up for solicitor general last year.
But at Harvard she also took a bold stance on the military's Don't Ask Don't Tell policy earned praise from liberal groups such as the Human Rights Campaign and criticism from conservative groups such as the Judicial Crisis Network.
For now, it appears that the fight over Kagan's nomination will focus on seven key issues:
* The military: As dean, Kagan opposed military recruiting on the Harvard campus on the basis that the Don't Ask law violated the university's anti-discrimination policy. That has won her points with liberals, but conservatives have painted her stance as anti-military. The issue could also come before the court soon as the Pentagon reviews the ban and Congress considers repealing it.
* Affirmative action: Kagan's poor track record of hiring minorities while at Harvard troubles some liberal groups, although big players like the National Association for the Advancement of Colored People have backed her up. Republicans, meanwhile, have tried to paint her as favorable of affirmative action.
* Executive power: A lot has been made on both sides about Kagan's views in favor of presidential power. She doesn't go as far as some conservatives who believe that the executive reigns supreme on matters of national security, but her statements on the issue during her confirmation hearings as solicitor general trouble some liberals.
* Abortion: As with any nominee, Kagan will surely face questions on contentious issues like abortion, guns, and religion. Advocacy groups have been most vocal on abortion, with Americans United for Life claiming that Kagan has strong ties to pro-choice groups. Terry O'Neill, president of the National Organization of Women, said her group believes Kagan supports their pro-choice position but is waiting for the confirmation hearings to reveal more.
* Citizens United: Kagan argued for the losing position in this Supreme Court case, siding against special interest groups that can now spend unlimited money on election ads. President Obama cited Kagan's passion over the issue "despite long odds of success" during Monday's nomination. Lawmakers on both sides will probably want to know more about her thinking on the court ruling.
* The Constitution: Kagan wrote about Justice Marshall's views that the Constitution was defective until it was amended to free slaves and give women and minorities equal rights. Republicans have tried to draw from Kagan's writings some clue of her take on judges interpreting and adapting the Constitution for the present day.
* Health care: Numerous states are challenging President Obama's health care overhaul, which was signed into law while Kagan was part of the administration. Expect questions about the issue and whether Kagan plans to recuse herself if the Supreme Court takes it on.
Ambreen Ali writes for Congress.org.