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Or maybe she wants to see the court look like this.
Posted on 10/05/2018 7:01:04 PM PDT by yesthatjallen
Associate Supreme Court Justice Elena Kagan said Friday she fears the high court may lack a justice going forward who would serve as a swing-vote on cases, speaking hours after President Trump's second nominee Brett Kavanaugh secured enough votes to be confirmed.
Kagan said at a conference for women at Princeton University that over the past three decades, starting with Justice Sandra Day O'Connor and continuing with Justice Anthony Kennedy, that there was a figure on the bench "who found the center or people couldn't predict in that sort of way."
“It’s not so clear, that I think going forward, that sort of middle position — it's not so clear whether we’ll have it," Kagan said.
"All of us need to be aware of that — every single one of us — and to realize how precious the court’s legitimacy is," she added. "It's an incredibly important thing for the court to guard is this reputation of being impartial, being neutral and not being simply extension of a terribly polarizing process."
Kagan, an appointee of former President Obama, spoke Friday alongside fellow Justice Sonia Sotomayor, who also hails from the Supreme Court's liberal bloc.
Justice Elena Kagan: "In the last, really 30 years, starting with Justice O'Connor and continuing with Justice Kennedy, there has been a person who found the center or people couldn't predict in that sort of way."
— The Hill (@thehill) October 6, 2018 Her comments came hours after it became clear that Kavanaugh, Trump's pick to succeed the retiring Kennedy, had enough votes to be confirmed.
Kennedy cast the deciding vote on several high-profile cases before the Supreme Court, and his retirement announcement earlier this year left many on the left voicing concerns that the court would lack a swing-vote going forward.
The Senate voted earlier Friday to end debate on Kavanaugh's nomination, setting up a final vote on his nomination for Saturday afternoon, capping off weeks of controversy surrounding allegations of sexual assault.
Sen. Susan Collins (R-Maine) announced Friday that she would vote for Kavanaugh, giving him enough support to get confirmed. Sen. Joe Manchin (D-W.Va.), who is running for reelection this year in a state Trump won by 42 points in 2016, also said he would vote for Kavanaugh.
The announcements came about a week after Kavanaugh and Christine Blasey Ford, his first accuser, testified before the Senate Judiciary Committee regarding Ford's claims that he sexually assaulted her at a high school party in the early 1980s.
Kavanaugh fiercely denied the accusation. He's also denied sexual misconduct claims from multiple other women, Julie Swetnick and Deborah Ramirez.
GOP senators said earlier this week that an FBI probe into Kavanaugh found no corroboration for sexual misconduct allegations against him. Democratic senators have blasted the investigation, calling it inadequate.
Its implied by the umbra of the penumbra under the whatchamacallit clause of the Constitution.
I can’t wait for that old sack of bones, RBG, to finally croak. Straight to Amy Coney Barrett.
Notice all the swing votes are Republican nominees???
Maybe the democrats should have thought about that before trying to smear a very HONESTLY middle-of-the-road constitutionalist judge as an attempted rapist because of BS nobody even remembers FROM HIGH SCHOOL.
Is there a problem with a conservative swing vote? Seems like the court will be just fine. Even better once Kagan, Sotomayer, and Ginsburg move on.
“The law is the law - no “swing” votes needed or wanted.....”
If the Supreme Court is truly applying the Constitution to cases the decisions should be very lopsided. By definition, any 5-4 decision has something inherently wrong about it one way or the other.
Impeach her. She has no business analyzing what another Associate SCOTUS will or will not do in a Public Forum.
Talk about an unqualified SCOTUS Nominee, she and the other Obama appointed Woman Justice are stains on the Court.
Oh well ,LOL
Imagine the tantrums everyone is going to have If Trump gets to nominate two or three more justices over the coming years. Consider that Nixon in 1 1/2 terms got to nominate five.
She thinks that’s bad...wait until RBG doesn’t wake up from her nap one afternoon next month.
yea and? Your done and so are your supporters
She fears his intellect will expose her lack of intellect.
Just wait till Ginsburg and sotomayor leave.
My thought exactly. 5 to 4 splits on issues show a inability to actually rule in favor of the constitution on a regular basis. Some issues demand a 9 to 0 vote. Not likely with liberals interpreting it. The sentinels of liberty should be looking through a clear lens.
I hope she is right.
I have an idea, Justice Kagan. YOU volunteer to be the swing vote. Why should it be Kavanaugh’s responsibility? Let him vote HIS conscience, then YOU vote against yours.
Confucius say, "Man who stand in middle of tracks, get hit by train going both ways."
Bummer.
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