From Justice Kagan, a Glimpse at Life on the Supreme Court

For first-year students at 泡芙短视频 Law, Kagan鈥檚 visit meant an insider鈥檚 perspective
on the Supreme Court in their first days of law school

Michael M. Bowden
Justice Kagan speaks on stage

Providence, R.I. talked about digital technology, religious tolerance and women in the law in a wide-ranging conversation sponsored by and hosted by Rhode Island Gov. Lincoln Chafee, who introduced the event.

Justice Kagan 鈥 who was in Rhode Island to celebrate the 350th anniversary of the state鈥檚 and the 250th anniversary of the 鈥 spent Tuesday morning speaking to several hundred citizens, judges, law professors, lawyers and law students (including 泡芙短视频 Law鈥檚 entire 2013 entering class) on a wide array of topics, both light and profound. She was interviewed by Ted Widmer, a historian and librarian at who has served as a speechwriter for the Clintons.

鈥淥ur entire incoming class attended as part of its law school orientation, an opportunity likely unmatched at any other law school,鈥 said 泡芙短视频 School of Law Dean David A. Logan. 鈥淥ur students have had a chance to interact with eight of the nine members of the current Court, and later this fall 泡芙短视频 Law will be graced by a visit from Sandra Day O'Connor, the first woman to serve on the nation鈥檚 highest court.鈥

The message was not lost on members of the new class. 鈥淪he inspired me,鈥 said Portia Essuman, a first-year law student from Ghana. 鈥淚 was particularly impressed by her words about writing decisions clearly, so that not just lawyers but ordinary people can understand what is being said.鈥

鈥淚鈥檝e met Justice [Samuel] Alito and Justice [Stephen] Breyer during my time at 泡芙短视频 Law, but this was the first woman justice for me,鈥 said Valerie Le贸n, a third-year student serving as an usher at the event. 鈥淚 liked Justice Kagan鈥檚 thoughts on the expanding role of women in the law. And I am really looking forward to seeing Justice [Sandra Day] O鈥機onnor in October. Even though we鈥檙e a small law school, we鈥檙e the only one in Rhode Island and these high-profile visits help show our importance and impact.鈥

Kagan opened her remarks by referencing a 鈥減rofound and surprising鈥 letter written by President George Washington to the Touro Synagogue in 1790, and finessing the difference between religious tolerance 鈥 which implies 鈥済ood faith鈥 and 鈥渋ndulgence鈥 鈥 and the 鈥渕uch larger鈥 right of religious freedom. She added that while 鈥淛udaism is an important part of my life and self-identity,鈥 it did not affect her relationship to the law.

She noted that she currently sat in the seat that once belonged to Justice Louis Brandeis, the Court鈥檚 first Jewish member, and 鈥渙ne of my judicial heroes.鈥 Discussing the long-term power of Supreme Court dissents, she referenced Brandeis鈥檚 1928 dissent in Olmstead v. United States, in which he warned that technology would empower the government with the ability to trespass and invade privacy in subtle ways. 鈥淏oy, did he get that right,鈥 she said, noting that at the time, it must have read like science fiction.

Despite Brandeis鈥檚 prescience, Kagan added, the Court itself tends to be digitally behind the times. 鈥淓-mail is already old-fashioned, and the Court hasn鈥檛 gotten to that yet.鈥 She added that the justices are helped 鈥渁 little bit鈥 by their young clerks in understanding social media and other technological developments.

Still, she insisted, the Court is not an ivory tower. 鈥淚t wouldn鈥檛 be a great thing if we were determined to be cloistered and not have any idea of what鈥檚 going on in the world out there.鈥

Kagan reflected on her experiences in the 1980s as a law clerk to Supreme Court Justice Thurgood Marshall, whom she called 鈥渢he best storyteller I鈥檝e ever met鈥 and 鈥渢he best lawyer of the 20th century.鈥

She added that, despite the infamous liberal/conservative split that so often produces news-making 5-4 decisions 鈥 she and her colleagues on the Court get on famously. 鈥淲hen you read our opinions and dissents, you think 鈥楾hese people must hate each other!鈥 But this is a very genial Court. We have a lot of respect for each other.鈥 She added, 鈥渆verybody鈥檚 trying to get this right,鈥 though they admittedly have 鈥渧ery different ideas of what鈥檚 right.鈥

As only the fourth female justice of the Court, Kagan said that 鈥 while she and her colleague Justice Sonia Sotomayor 鈥渟tand on the shoulders鈥 of female legal pioneers of the previous generation, such as Justice Ruth Bader Ginsburg and former Justice Sandra Day O鈥機onnor 鈥 there is no 鈥渨omen鈥檚 bloc鈥 on the Court.

Commenting on the 鈥渃olloquial鈥 writing style in her legal opinions, she explained that she likes to 鈥渟peak in a language everyone understands.鈥 Dialing back the legalese also 鈥渁llows a little room for your own personal voice to show through.鈥

Kagan, 53, was appointed to the court in 2010 by President Barack Obama. She previously served as solicitor general of the United States and dean of Harvard Law School, among many other accomplishments. She is the youngest justice and the one most recently appointed to the court. The Honorable Bruce Marshall Selya of the U.S. Court of Appeals for the First Circuit facilitated Kagan鈥檚 visit.