News Release

Kagan’s “Shocking” Record on Diversity


All three are professors of law: Anupam Chander is at the University of California-Davis School of Law; Luis Fuentes-Rohwer is at Indiana University’s School of Law; and Angela Onwuachi-Willig is at the University of Iowa College of Law.

They are among the writers of “The White House’s Kagan talking points are wrong: We questioned Harvard Law’s diversity record under Elena Kagan. The White House pushed back. But they got it wrong,” which states: “The first woman Dean of Harvard Law School had presided over an unprecedented expansion of the faculty — growing it by almost a half. She had hired 32 tenured and tenure-track academic faculty members (non-clinical, non-practice). But when we sat down to review the actual record, we were frankly shocked. Not only were there shockingly few people of color, there were very few women. Where were the people of color? Where were the women? Of these 32 tenured and tenure-track academic hires, only one was a minority. Of these 32, only seven were women. All this in the 21st Century.”

Background: A fourth signer of the above piece, Guy-Uriel Charles, law professor at Duke University, wrote the piece “Some Questions About Elena Kagan,” which states: “When George W. Bush nominated Harriet Miers for the Supreme Court he was forced to withdraw the nomination because of opposition from his right flank. Conservatives would not be mollified notwithstanding the winks and nods from the White House that Miers would be a reliable conservative vote on the Court. To their credit, conservatives would not be satisfied with Miers even if she would represent their views on the Court. Nor were they pacified by the president’s aversion to having a political fight. In fact, a fight is precisely what they wanted. What they wanted was someone who could articulate and defend persuasively a conservative vision of constitutional law and the role of the judge. They were playing a long-term game and would not accept a short-term gain that would sacrifice the long-term objective. Bush withdrew Miers and substituted Samuel Alito.”

Also see Institute for Public Accuracy news release: “Solicitor General Nominee Hired Torture Memo Writer.”

For more information, contact at the Institute for Public Accuracy:
Sam Husseini, (202) 347-0020; or David Zupan, (541) 484-9167