Constitution Daily

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This Day In History: Kagan nominated

May 10, 2012 by Scott Bomboy


It was two years ago today that President Obama nominated Solicitor General Elena Kagan as a Supreme Court justice.

Kagan was later confirmed in August 2010 by the U.S. Senate, and among the Republicans voting for Kagan’s appointment was Richard Lugar, who lost a primary election this week.

According to Kagan’s official biography on the Supreme Court Web site, she took her oath on August 7, 2010.  She replaced Justice John Paul Stevens, who had retired in June 2010.

Article III, Section 1, of the Constitution established the Supreme Court.

Article II, Section 2, allows the president to nominate a Supreme Court justice, with the later consent of the Senate.

Kagan’s nomination went relatively smoothly.

Since 1789, about 20 percent of Supreme Court nominations by the president have been rejected or saw a candidate withdraw for various reasons.

The last presidential nominee to withdraw was Harriet Miers, who was nominated by President George W. Bush in 2005. He then nominated Samuel Alito, who was confirmed in early 2006.


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