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Kagan nominated for solicitor general

Posted by Foon Rhee, deputy national political editor January 5, 2009 10:53 AM

By Sasha Issenberg, Globe Staff

Elena Kagan, Harvard law school's dean, will be the new solicitor general, President-elect Barack Obama's transition office announced.

She will be Obama's voice at the US Supreme Court, and she has been considered a potential Democratic appointee to the Court itself.

"I have accepted this nomination because it offers me the opportunity, working under the leadership of the President-elect and his nominee for Attorney General, Eric Holder, to help advance this nation’s commitment to the rule of law at what I think is a critical time in our history," Kagan wrote in an email to the law school community.

"And perhaps, for me, it adds a special touch of sweetness to the occasion that the person making the nomination, in whose capacity for greatness I deeply believe, is himself a member of the group to which I am writing," Kagan wrote. Obama is a Harvard Law School graduate.

Obama also announced David Ogden as Deputy Attorney General; Tom Perrelli as Associate Attorney General; and Dawn Johnsen as Assistant Attorney General for the Office of Legal Counsel.

"These individuals bring the integrity, depth of experience and tenacity that the Department of Justice demands in these uncertain times. I have the fullest confidence that they will ensure that the Department of Justice once again fulfills its highest purpose: to uphold the Constitution and protect the American people. I look forward to working with them in the months and years ahead," Obama said in a statement.

The picks add to the growing lists of former Clinton administration officials, and of appointees with connections to Harvard.

Their resumes are below:

David Ogden, Deputy Attorney General
Ogden is currently a partner at Wilmer Cutler Pickering Hale and Dorr and serves as the Department of Justice Agency Review lead for the Obama-Biden Transition Project. Ogden was nominated by President Clinton to serve as Assistant Attorney General, Civil Division from in 1999 and served in this capacity until 2001. He was awarded the Edmund J. Randolph Award for Outstanding Service in 2001. From 1998 – 1999, he served as Chief of Staff to Attorney General Janet Reno and as Counselor to the Attorney General from 1997-1998. From 1995-1997, Ogden served as Associate Deputy Attorney General at the Department of Justice, and from 1994 -1995 served as Deputy General Counsel, Legal Counsel at the U.S. Department of Defense. Ogden was a partner at Jenner and Block in Washington, DC from 1988-1994 and worked at the law firm of Ennis Friedman & Bersoff from 1983-1988. He clerked for Associate Justice Harry A. Blackmun in the U.S. Supreme Court from 1982-1983 and for Judge Abraham D. Sofaer in the Southern District Court of New York from 1981-1982. He received his B.A. in English literature from the University of Pennsylvania in 1976 (summa cum laude) and his J.D. from Harvard Law School in 1981 (magna cum laude). He served on the Harvard Law Review from 1979-81.

Elena Kagan, Solicitor General
Kagan, the Charles Hamilton Houston Professor of Law, is currently the 11th Dean of Harvard Law School. Kagan first came to Harvard Law School as a visiting professor in 1999 and became Professor of Law in 2001. She has taught administrative law, constitutional law, civil procedure, and seminars on issues involving the separation of powers. She was appointed Dean of the Law School in 2003. From 1995 to 1999, Kagan served in the White House, first as Associate Counsel to the President (1995-96) and then as Deputy Assistant to the President for Domestic Policy and Deputy Director of the Domestic Policy Council (1997-99). In those positions she played a key role in the executive branch’s formulation, advocacy, and implementation of law and policy in areas ranging from education to crime to public health. Kagan launched her scholarly career at the University of Chicago Law School, where she became an assistant professor in 1991 and a tenured professor of law in 1995. Kagan clerked for Judge Abner Mikva of the U.S. Court of Appeals for the D.C. Circuit from 1986 to 1987. The next year she clerked for Justice Thurgood Marshall of the United States Supreme Court. She then worked as an associate in the Washington, D.C. law firm of Williams & Connolly from 1989 to 1991. Kagan received her bachelor’s degree from Princeton in 1981 (summa cum laude). She attended Worcester College, Oxford, as Princeton’s Daniel M. Sachs Graduating Fellow, and received an M. Phil. in 1983. She then attended Harvard Law School, where she was supervising editor of the Harvard Law Review, and graduated magna cum laude in 1986.

Tom Perrelli, Associate Attorney General
Perrelli is currently Managing Partner of Jenner & Block’s Washington, DC office. He is Co-Chair of the Firm’s Entertainment and New Media Practice and is a member of the Firm’s Litigation Department. From 1997-99, Mr. Perrelli served as counsel to Attorney General Janet Reno, supervising a variety of civil matters at the Department of Justice. He subsequently rose to Deputy Assistant Attorney General (1999-2001), supervising the Federal Programs Branch of the Civil Division. In 2005, Perrelli was named one of the nation's 40 most promising lawyers under 40 by The National Law Journal for exhibiting “extraordinary achievements” in his career. He has been recognized as one of the leading media and entertainment lawyers in the United States by Chambers & Partners USA, named as one of 500 “New Stars” by Lawdragon in 2006, and named Best Intellectual Property Lawyer in Washington D.C. by the Washington Business Journal in 2008. Prior to joining Jenner & Block, in 1991-92, Perrelli clerked for the Honorable Royce C. Lamberth of the United States District Court for the District of Columbia. Perrelli graduated from Harvard Law School, magna cum laude, in 1991, where he was managing editor of the Harvard Law Review. He received an A.B. in History from Brown University in 1988.

Dawn Johnsen, Assistant Attorney General for the Office of Legal Counsel
Johnsen is currently a Professor of Law at the Indiana University School of Law—Bloomington, where she teaches and writes about issues of constitutional law. Her recent publications on issues of presidential power include Faithfully Executing the Laws: Internal Legal Constraints on Executive Power, 54 UCLA L. Rev. 1559 (2007) and What's a President to Do? Interpreting the Constitution in the Wake of the Bush Administration's Abuses, 88 Boston U. L. Rev. 395 (2008). She serves on the board of directors of the American Constitution Society for Law and Policy. She served in the Office of Legal Counsel, U.S. Department of Justice, as the acting assistant attorney general heading that office (1997-98) and as a deputy assistant attorney general (1993-96). In that capacity, she provided constitutional and other legal advice to the attorney general, the President, and the general counsels of the various executive branch agencies. From 1988-93, she was the legal director of the National Abortion and Reproductive Rights Action League (NARAL). She clerked for the Honorable Richard D. Cudahy, U.S. Court of Appeals for the Seventh Circuit. She received a B.A from Yale University in 1983 and a J.D. from Yale Law School in 1986.

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Dean Kagan will be an asset to the Obama administration, and would make an excellent supreme court justice, should the opportunity arise.

Posted by M January 5, 09 12:26 PM
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Dean Kagan will be an asset to the Obama administration, and would make an excellent supreme court justice, should the opportunity arise.

Posted by M January 5, 09 12:26 PM
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Harvard and Yale are the only law schools that exist. Give me a break! I'm so tired of this preferential treatment! Other law schools produce fine attorneys. Go NUSL!

Posted by M January 5, 09 03:06 PM
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WOW, If you went to Harvard, you have 1 of 500,000 to work for Obama.

Posted by HarvardOldBoyNetwork January 5, 09 03:39 PM
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Mr President i think this is a great idea for all the ordinary people to go to the ball I would love to attend with my son who's fourteen years old thank you Ms Lavonda Golden I would also like to welcome you and your family to Washington I"m a teacher in the Early Childhood Field and it would mean alot for me to get a chance to meet you and your family

Posted by Lavonda Golden January 5, 09 03:57 PM
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The appointment of a rigorous critic of the Bush Administration's anti-constitutionalist "unitary executive theory" as purported by John Yoo and others to the Office of Legal Counsel is the best appointment by this incoming administration yet! I am delighted beyond my greatest hopes that the rule of law and the regard for separation of powers may yet be restored by the incoming administration. The appointment of Jane Johnsen to head OLC is an outstanding and inspiring choice!

Posted by JT January 5, 09 05:27 PM
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All we need is another liberal judge on the Supreme Court! NO, NO, NO. Let's get back to the fundamentals that this nation was founded on.

Posted by Carol Vondy February 9, 09 02:23 PM
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Dean Kagan would be the finest choice for the Supreme Court. Somewhere it should be noted in the listing of her superb credentials, that very early on she was
identified as a gifted student. She happens to be a graduate of not only Princeton, Oxford, and Harvard, but also of Hunter College High School, NYC. Rest assured that all of us Hunter High alums are very proud of her accomplishments and earnestly hope she will be appointed. Her voice is sorely needed.

Posted by Ellie Schmidt May 23, 09 06:32 PM
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