Justice Watch

Finding Clues to Kagan’s Style

Lawyer has tangled with Justice Roberts.

Among the leading candidates to replace retiring Supreme Court Justice John Paul Stevens, Elena Kagan might offer the clearest picture of how her potential future colleagues might feel about her. As solicitor general, Kagan has brought six cases before the Court. She's shown a casual rapport there—even asking a question of Justice Antonin Scalia, something which is not usually done. According to The New York Times, Chief Justice John Roberts has emerged as Kagan's chief opponent, grappling with the lawyer over her arguments and analysis. The last solicitor general to be made a justice was Thurgood Marshall in 1967. Kagan clerked for Marshall, and he had a nickname for her: "Shorty."