Skip to main content
Friday, October 30, 2026Oct 30

This story is free to read.

Three major issues will help shape Kagan’s early legacy

By David G. Savage

Tribune Washington Bureau

WASHINGTON – This summer, as Elena Kagan quietly moved toward confirmation to the Supreme Court, three major legal disputes took shape that could define her early years.

The justices soon will be called upon to decide whether states like Arizona can enforce immigration laws, whether same-sex couples have a right to marry and whether Americans can be required to buy health insurance. Kagan’s record strongly suggests she will vote in favor of federal regulation of immigration and health insurance and vote to oppose discrimination against gays and lesbians.

What is less clear is whether she will be voting with a center-left majority that includes Justice Anthony M. Kennedy, or as liberal dissenter on a court whose five Republican appointees outvote the four Democratic appointees.