The path to the Supreme Court continues for nominee Elena Kagan as her confirmation hearings continue. During Tuesday’s proceedings, Republican members took Kagan’s clerkship and association with the late Justice Thurgood Marshall to task. They questioned Marshall’s legal career and activist record. Sherrilyn Ifill, a professor of law at the University of Maryland, and John Payton, director-counsel and president of the NAACP Legal Defense Fund, discuss Marshall’s legacy and the scrutiny over Kagan’s service to the first African-American Supreme Court justice.
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