The GOP is already going on the offensive against Elena Kagan, calling into question her clerkship under liberal justice Thurgood Marshall:
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Republicans are questioning Elena Kaganโs ties to a liberal icon and the nationโs first African American Supreme Court justice, Thurgood Marshall.In its first memo to reporters since Kaganโs nomination to the high court became public, the Republican National Committee highlighted Kaganโs tribute to Marshall in a 1993 law review article published shortly after his death.
Kagan quoted from a speech Marshall gave in 1987 in which he said the Constitution as originally conceived and drafted was โdefective.โ She quoted him as saying the Supreme Courtโs mission was to โshow a special solicitude for the despised and the disadvantaged.โ
โDoes Kagan Still View Constitution โAs Originally Drafted And Conceivedโ As โDefectiveโ?โ the RNC asked in its research document. โAnd Does Kagan Still Believe That The Supreme Court's Primary Mission Is To โShow A Special Solicitude For The Despised And Disadvantagedโ?โKagan, currently the solicitor general, is a former law clerk for Marshall, who was appointed to the court in 1967 by President Lyndon Johnson and served until 1991.
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