The path to the Supreme Court continues for nominee Elena Kagan as her confirmation hearings continue. During Tuesdays proceedings, Republican members took Kagans clerkship and association with the late Justice Thurgood Marshall to task. They questioned Marshalls 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 Marshalls legacy and the scrutiny over Kagans service to the first African-American Supreme Court justice.
