Elena Kagan Confirmation: Justice Hopeful Would Step Aside in 11 Cases

Elena Kagan is awaiting her Senate confirmation to become a Supreme Court justice. Kagan is the US Solicitor General, and is the former dean of Harvard Law. She would become the first to sit on the bench that has no previous experience as a judge, which is one of the things that bothers many of her opponents.

The most controversial thing in Kagan's past was when she removed military recruiters from Harvard Law's career center because she did not agree with their controversial "don't ask, don't tell" policy.

In addition, as the US Solicitor General, she's worked on at least 11 cases that are set to be heard by the high court. Because of this, she would step aside from the case because she is too close to it. As a judge, her bias may have become clouded by her work on the case - and that wouldn't make for a very fair trial.

At first, there was no Republican support of Kagan. Now, at least two Senators have pledged approval of the justice hopeful. Senator Lindsey Graham and Senator Richard Lugar are two GOP members that will support her nomination.

Key questions are this: will she be able to keep a clear mind, free of an agenda? Does she have enough experience to serve on the high court?

Reference: NY Times; USA Today