Skip to content
Welcome, thoughtbot's Giant Robots listeners!Start here
Elena Kagan
AI-generated illustration
PersonUS

Elena Kagan

Associate Justice of the US Supreme Court since 2010 and former US Solicitor General.

Elena Kagan dissented twice as the Supreme Court's Conservative majority used emergency orders to set 2026 election rules, first over Alabama's map on 2 June and then over federal voter citizenship checks on 25 September.

Last refreshed: 1 October 2026 · Appears in 1 active topic

Timeline for Elena Kagan

#19 25 Sept
#8 2 Jun

dissented from 6-3 stay order

US Midterms 2026: Shadow docket shields Alabama map for 2026
View full timeline →

Background

Kagan joined the Supreme Court in August 2010 on the nomination of President Barack Obama. Born in New York in 1960, she studied at Princeton, Oxford and Harvard Law School and clerked for Justice Thurgood Marshall. She later taught at Chicago and Harvard, led Harvard Law School as dean from 2003 to 2009, and was the federal government's chief advocate before the Court as Solicitor General. She is the most recent justice to join the bench without prior service as a judge.

With Sonia Sotomayor and Ketanji Brown Jackson she forms the Court's liberal minority. In 2026 that group has repeatedly lost on emergency applications about elections, decided without full argument. Kagan dissented from the unsigned 2 June stay that restored Alabama's contested congressional map a week after a lower court blocked it.

In September she joined Jackson's dissent from the order reviving Homeland Security's SAVE checks of voter rolls, a dispute whose pre-election limits the court will hear on 8 December.

Common Questions
Who is Elena Kagan?
Elena Kagan is an Associate Justice of the US Supreme Court, seated on 7 August 2010, and a former Solicitor General and Dean of Harvard Law School.Source: Supreme Court of the United States
How did Kagan vote in the SAVE citizenship database case?
She joined Justice Jackson's dissent from the 25 September 2026 order that let DHS restore its modified SAVE System.Source: Supreme Court of the United States
When did Elena Kagan join the Supreme Court?
She took her seat on 7 August 2010 after President Obama nominated her on 10 May 2010.Source: Supreme Court of the United States
Source Material