The issue focused on Justice Anthony Kennedy's nomination for attorney general and Justice Clarence Thomas's confirmation as attorney general. Justice Kennedy led the Supreme Court's 1982 conviction of conservative activist Warren Burger for illegally suing government agencies for subsidies that helped fuel illegal immigration. Justice Kennedy signed off on both rulings on December 13. Justice Kennedy wrote that Justice Roberts had declined to confirm liberal Supreme Court justice Elena Kagan because she did not agree with Justice Stevens's 1986 Supreme Court rulings against abortion rights and employment laws. Justice Kennedy decided not to confirm