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.
That’s kind of the f****** point, my dear Justice.
L
So I guess Kagan is admitting she’s a political hack and votes liberal all the time?
I’m sure that Roberts will step up and fill that role./barf
Just read your 139——twice——I am not as informed on this type of thing as you are and this “swing vote” ploy makes more sense now.
Liberals are EVIL-—and the past 2 weeks have certainly proved that.
I have never read Schlafley’s book—but plan on doing so.
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Elections have consequences, darlin’
If you think this is bad, wait til ol’ Ruthie goes to that Big Bench in the Sky
Oh, I have no great credentials. Just old.
The activism of the Warren Court was something that fell into the leftist lap. Earl Warren “aged” into a leftist after his stint as Governor.
If justices followed the Constitution there would be no swing votes. ................................. Absolutely! Had I been the 1st to answer this, I would have said the court should be comprised of all swing voters. What she is saying is that Democrats won’t get their way most of the time. If they were all democrats there would be no complaints from them nor would they allow any.
But if the appointment was made by Hillary, none of this would matter.
Kagan... well never mind!
Remember 25 years back when Justice Thomas pointed out to a reporter that he would have the office for “life.
Believe me,I’m older than you——I remember the Warren Court quite well———he was a turncoat of the highest order..
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Statements like this is how you get more Trump.
She wouldn’t be saying this if Hillary was the one nominating judges for the U.S. Supreme Court.
Someone pass the tissue. Boo f——n Hoo. Read the constitution you AA appointment.
I don’t remember in the constitution where is says there has to be a swing vote.
lastly USSC judges would STFU and judge cases.
You’ve been around here a long time and that is why I respect your opinion.
Meanwhile, there is much for conservatives to do to clean-up the ranks of Republican party.
We have many, many weak people in the House and Senate who should be sent home to work in the hospitality industry under close supervision. And replaced with people having sound judgment.
Roberts is the one who should be wearing that outfit.
Roberts is still there....
I appreciate your enthusiasm! I’m not convinced he isn’t influencable (if that is even a word). But all is well.
rumor has it she is already dead. Soros pays o have her body sent to a taxidermist and wheeled into court every monday
And if true, so. the. hell. what?
Nothing demands a scotus have a swing vote.
Where was the worry when scotus banked hard left in the 60s?
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