Jottings By An Employer's Lawyer

Monday, May 10, 2010

The Employment Law Decisions of Supreme Court Nominee Elena Kegan


President Obama's nomination of Elena Kegan to the Supreme Court is the fourth since Jottings was started in the summer of 2002.

In the past I have published links to the employment and labor law decisions of the nominees. See,

First Obama Supreme Court Nominee - Sonia Sotomayor

Now on First - Samuel Alito -- Let the Feeding Frenzy Begin

A More Complete List of Judge John Roberts' Labor and Employment Related Decisions

And now for soon to be Justice Kegan:


Yep, that's it, zero -- nada -- nothing.

For the first time since President Nixon nominated Lewis Powell and William Rehnquist on the same day, President Obama has nominated for the Court an individual who has not previously served as a judge. Of the two, Kegan's background is much more similar to Rehnquist than Powell. Powell had been in private practice as a corporate lawyer. Rehnquist had been a government lawyer for the bulk of his career.

Kegan has been a government lawyer but also an academic, serving in her last stint as Dean of the Harvard law school.

In any event, her first Supreme Court opinion on a labor and employment law matter will be her first judicial opinion on a labor and employment lawyer.

A non-judge has been desired by many, me included,  although I would have actually preferred someone with more extensive private sector experience.   Since confirmation seems to be likely, barring something unforeseen, it is likely that we will have an opportunity to see if that was a good or bad thing.


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