Elena Kagan Is Up to Something

Slate ^ | June 21, 2018 | Mark Joseph Stern

[Twotone]

What is Justice Elena Kagan doing? So far this term, the liberal justice has crossed ideological lines at least three times to join the Supreme Court’s conservatives. Most recently, on Thursday, Kagan authored the majority opinion in Lucia v. SEC, a huge case that threatens to erode the political independence of multiple federal agencies. Tearing down the “administrative state” is supposed to be Justice Neil Gorsuch’s pet project. In Lucia, though, it was Kagan who took the lead in undermining the civil service, authoring an opinion that prompted a sharp dissent by Justice Sonia Sotomayor, who accused her colleague of making legal and factual errors.

Why is Kagan playing nice with the conservatives this term? What, put bluntly, is in it for her? Given her overall voting pattern, which remains progressive, it seems unlikely she’s ideologically drifting. It’s possible, though, that these defections are tactical maneuvers—efforts to build a moderate coalition to keep the court from veering rapidly to the right. Kagan isn’t losing the battle to win the war. She’s wrestling the court’s far-right justices to a draw in order to forestall disaster. And so far, she’s been surprisingly successful—to the occasional annoyance of her usual allies.

[Mercat]

Maybe she suspects Scalia was murdered and is outraged. But it was RBG who was great friends with Scalia.

[rockinqsranch]

Exactly. Good point.

[OldMissileer]

In this case the SEC appointed administrative judges. Well the SCOTUS said not so fast, you have overstepped your power.

Aren't there administrative judges within the IRS? If so, then we may be able to relieve ourselves of another layer of oppression by replacing them with appointed judges.

[Gay State Conservative]

Who knows! If she’s started to vote reasonably it’s possible that she’s actually starting to develop a conscience.If that’s the case she’ll go down in history as that rarest of creatures...a Marxist who eventually comes to see the light.

[Kozy]

Administrative judges are illegal. 14,000 Trump appointments await us.

[simpson96]

“playing nice with the conservatives”

WTH?

Goes to show you, liberals have NO respect for the Constitution or the rule of law. It’s politics to them.

[fella]

Sounds like someone accidentally left a pocket Constitution on her desk.

[Hugin]

“On appeal, Lucia insisted the penalty was invalid—not because he was innocent, but because the ALJ was illegally appointed. The Constitution’s Appointments Clause requires “inferior officers” to be appointed by the president, the courts, or “the Heads of Departments,” meaning agency commissioners. But at the SEC, ALJs are typically appointed by a chief ALJ, not the commissioners themselves.

Lucia argued that ALJs qualify as “officers” and must thus be appointed by commissioners. Kagan agreed, explaining that ALJs are “officers” because they function like “autonomous” trial judges whose decisions are frequently final. In short, Kagan explained, ALJs exercise “significant authority” in applying the law, and therefore count as officers who must be appointed pursuant to the Constitution. Lucia’s ALJ was not, so the penalty against him is invalid.”

In other words she just followed the letter of the constitution. I can understand why this leftie is confused, since lefties believe the constitution is flexible and should be “interpreted” in any way that advances their agenda, regardless of the intent of the founders. The fact that one of their own has decided not to do so must be very confusing indeed. Maybe she's just “evolving” under the tutelage of great legal minds like Thomas, Alito and Gorsuch.

[SERKIT]

This is very easy to explain: Kagan is a wise Latina.

[SoldiersPrayingMom]

Didn’t Justice Scalia take the ‘old bitter’ Judge, that looks like she’s practicing to take a dirt nap any time soon shooting as well? LOL

[Mears]

“-——that looks like she’s practicing to take a dirt nap any time ———”

—

I’m a little older than she is. (sigh!)

.

[deek69]

Maybe it has finally happened, A left judge has went right

[photodawg]

LOL!! Kagan is a liberal Jewess.
/////////////

So was Alan Dershowitz.

[struggle]

In the next 6 years, I doubt Sotomayor, RBG, or Kennedy will make it.

Sotomayor was a Type 1 diabetic from youth (nowadays very manageable, but back in the 70s and 80s very unmanageable), RBG is 85, and Kennedy is 82.

[Teacher317]

efforts to build a moderate coalition to keep the court from veering rapidly to the right.

SCOTUS is currently essentially 4-2-3, Left to Right (Breyer and the gals, Roberts/Kennedy, Alito/Gorsuch/Thomas)

So... one of the 4 on the Left goes to the Middle. The 3 on the Right stand pat, and await reinforcements. The 2 in the Middle now become 3, making it 3-3-3

So... in anticipation of it becoming 3-2-4, she essentially wants to make it 2-3-4... How exactly does this stop the flow to the Right?

The author is not very good at spin. It's the usual "declare that what we are seeing is not what we are seeing, we are really brilliant somehow" schtick. Pathetic writing.

Would be nice, though, if Kagan stays in the middle, and Trump gets 2-3 appointments soon (Ginsburg is 85, Kennedy 81, and Breyer 79)... a youthful 1-3-5 or 1-2-6, stranding Sotomayor, would feel really good by 2020. (Gorsuch is 50)

[pollywog]

LOL!! Kagan is a liberal Jewess...….BUT maybe she is seeing the LIGHT!

The Holy Spirit is in the business of changing hearts! Paul was a persecutor of Christians at one point before conversion!

[Teacher317]

From 2010-2016, believe it or not, aside from Thomas, only Kagan and Breyer trended upwards towards a more conservative direction (easier for them, being further down the scale). SCOTUS itself trended down significantly.

Amazing how almost every individual skews downward over time, though... and holy crap, Douglas!!

[WASCWatch]

Aside from pro-homosexual cases, she hasn’t been nearly as bad as I thiught she would be. She seems to have some intellectual integrity. Can’t say that about Sotomayor or RBG.

[Bonemaker]

“$Didn’t Justice Scalia take the ‘old bitter’ Judge, that looks like she’s practicing to take a dirt nap any time soon shooting as well? LOL”

I think so but no goodness rubbed off on that crone.

[AlphaOneAlpha]

Slate to Kagan
STOP THINKING
GET BACK ON THE RESERVATION
JUST RESIST