UPDATE: Harvard Dean Elena Kagan, in an email to members of the Harvard community, confirmed that President-elect Obama will nominate her as his choice for solicitor general. His announcement is set to be made today.
“I have accepted this nomination because it offers me the opportunity, working under the leadership of the President-elect and his nominee for Attorney General, Eric Holder, to help advance this nation’s commitment to the rule of law at what I think is a critical time in our history,” Kagan wrote in the email. “I am honored and grateful, awestruck and excited, to be asked to contribute to this most important endeavor. And perhaps, for me, it adds a special touch of sweetness to the occasion that the person making the nomination, in whose capacity for greatness I deeply believe, is himself a member of the group to which I am writing.”
Kagan, Holder and Obama’s other designees must be confirmed by the Senate.
. . .
Readers of DC Dicta and other blawgs are more than familiar with the name Elena Kagan. The Harvard Law School dean’s name has been batted around by pundits for months as a potential Obama Supreme Court or Department of Justice appointee.
The Associated Press is now reporting that Obama wants Kagan to be solicitor general, citing a source “who had been briefed on the process.”
Kagan’s name is at the top of Obama’s list to be the government’s top appellate advocate before the Supreme Court despite the fact that she herself has never argued before the justices. She was a law clerk for Justice Thurgood Marshall before going into private practice. She met Obama when they were both on the faculty of the University of Chicago Law School in the 1990s.
Kagan also worked in the Clinton White House as associated counsel and a domestic policy adviser, and was nominated by Clinton for a seat on the U.S. Court of Appeals for the District of Columbia Circuit, but GOP lawmakers stalled her nomination.
HT: WSJ Law Blog