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Elena Kagan's First Year on Supreme Court Shows Judge With Chutzpah

And unlike most Supreme Court justices, when it comes to her philosophy, she’s starting from scratch. Kagan—who has worked in government and academia her whole career—heard her first case as a judge after she was confirmed for the court.

While Kagan was pilloried by Republicans in Congress during her confirmation process for her lack of judicial experience, Kagan is part of a long line of justices to ascend to the court without previous experience as a judge. The last person to make such a jump was William Rehnquist, who was appointed by President Richard Nixon in 1971. Rehnquist would go on to become Chief Justice and a highly influential member of the court as the leader of its conservative wing.

So while Kagan has emerged as an advocate for government neutrality and campaign finance reform, the definite outlines of a judicial philosophy remains hazy.

“It’s way too early to tell,” Goldstein says, referring to Kagan’s judicial philosophy. “I’m not even sure she knows.

The chutzpah, however, seems to be there.

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—Staff writer Caroline M. McKay can be reached at carolinemckay@college.harvard.edu.

—Staff writer Zoe A. Y. Weinberg can be reached at zoe.weinberg@college.harvard.edu.

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