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Elena Kagan Is Up to Something
Slate ^ | June 21, 2018 | Mark Joseph Stern

Posted on 06/23/2018 2:51:10 PM PDT by 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.

(Excerpt) Read more at slate.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: 2018election; 2020election; election2018; election2020; elenakagan; kagan; mediawingofthednc; partisanmediashills; presstitutes; rulings; scotus; smearmachine; supremecourt; trumpscotus
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To: Teacher317

Maybe it isn’t only the rich who have a hard time getting into the kingdom. Know any humble judges besides the One on the throne before whom all will kneel?


81 posted on 06/24/2018 12:36:48 PM PDT by huldah1776 ( Vote Pro-life! Allow God to bless America before He avenges the death of the innocent.)
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To: AdmSmith; AnonymousConservative; Berosus; Bockscar; cardinal4; ColdOne; Convert from ECUSA; ...
Thanks Twotone.

82 posted on 06/24/2018 2:05:37 PM PDT by SunkenCiv (www.tapatalk.com/groups/godsgravesglyphs/, forum.darwincentral.org, www.gopbriefingroom.com)
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To: Paladin2
Is Kagan intelligent enough to do double agentry?

She's known to swing from both sides of the plate.

Though one has to assume most men just let her walk.

83 posted on 06/24/2018 2:20:34 PM PDT by Fightin Whitey
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To: Paladin2
Is Kagan intelligent enough to do double agentry?

She's known to swing from both sides of the plate.

Though one has to assume most men just let her walk.

84 posted on 06/24/2018 2:22:10 PM PDT by Fightin Whitey
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To: Fightin Whitey

Strike Two!


85 posted on 06/24/2018 2:22:59 PM PDT by Fightin Whitey
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To: Fightin Whitey
I don't know if this is up to date, but Kagan hasn't written many opinions:

Opinions

CAMRETA, BOB v. GREENE, SARAH , , 05/26/11

CSX TRANSPORTATION, INC. v. AL DEPT. OF REVENUE, ET AL. , , 02/22/11

FERC v. ELECTRIC POWER SUPPLY, ET AL. , , 01/25/16

FOX, RICKY D. v. VICE, BILLY R., ET AL. , , 06/06/11

HENDERSON, TONY v. UNITED STATES , , 05/18/15

KIMBLE, STEPHEN, ET AL. v. MARVEL ENTERPRISES, INC. , , 06/22/15

MATA, NOEL R. v. HOLDER, ATT'Y GEN. , , 06/15/15

MILNER, GLEN S. v. DEPT. OF NAVY , , 03/07/11

RANSOM, JASON M. v. MBNA, AMERICA BANK, N.A. , , 01/11/11

SMITH, KEITH, ET AL. v. BAYER CORP. , , 06/16/11

TAPIA, ALEJANDRA v. UNITED STATES , , 06/16/11

Dissents

AZ CHRISTIAN SCH. TUITION ORG. v. WINN, KATHLEEN M., ET AL. , , 04/04/11

AZ FREE ENTERPRISE, ET AL. v. BENNETT, KEN, ET AL. , , 06/27/11

MICHIGAN, ET AL. v. EPA, ET AL. , , 06/29/15

SYKES, MARCUS v. UNITED STATES , , 06/09/11

******

Then there are things pointing to not having judicial gravitas


86 posted on 06/24/2018 5:01:58 PM PDT by Paladin2
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To: AndyJackson

RBG is a brilliant expert in writing rulings backwards from the conclusion she wants.

Sotomayor is just in waaaaay over her head - both in dubious thought and in incoherent writing.


87 posted on 06/25/2018 3:17:26 PM PDT by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: Bonemaker

ha! I like to think this as well. ;)


88 posted on 07/22/2018 12:49:12 AM PDT by GOP Poet
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