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.
Swing Vote is not a constitutional legal concept.
And I am certain Kegel is 100% aware of this fact.
If the whole court were originalist, we wouldn’t have all this drama about swing votes and majorities.
Great idea!
Note to court jester: That’s why we elected Trump!
Smart, she ain’t
Womp Womp sad trombone
Wait till she meets Amy Barrett
Hope not....that’s why I voted for Trump!!!
I don’t fear that, I welcome it.
What I will welcome even more though is the Donald getting to appoint the replacements for Ruth Buzzard, Breyer and the Wide Latina.
So why can’t Kagan be the swing vote? hmm...
Because she votes lockstep against the US and with the democrat party.
Hey Elena;
Just wait until Trump picks a replacement for Ginsberg. Then see how you feel to out of tune with the others.
Kagan warns that the Supreme Court may not be able to legislate from the bench anymore.
Exactly what I was going to say.
Oh but I thought you Justices were supposed to be unbiased, nonpolitical, and even tempered?
Exactly - she complains that SCOTUS will be down to only 4 partisan liberals versus 5 who believe the law counts for something.
It’s obvious that anyone who’s observant the left has used the courts to push their agenda, because they can’t win legislatively
Look at the decisions that have destroyed our society.. they aren’t from legislatures but court rulings
The idea that religion in the public square is unconstitutional... the inane theory that no state sponsored religion, means all religion must be banned from the public square.. no prayer in schools etc that isn’t a legislative thing it was a court ruling... etc etc.
The return to a constitutional court ends their ability to force leftward via edict and must advance their agenda through the legislative process which takes a long time, especially when your desires are far outside th current main stream.
The left will attack the court, even though they relied on it for decades
It isn’t supposed to have swing votes, it is supposed to be a fact based determinative body not a political one.
Kagan and the other leftist will actually have to make legal arguments now rather than just figure out how they are expected to vote and justifying with a political statement. Being in a permanent minority is going to suck for them.
Hmmm... "swing vote": Is that a reference to the need to have a "Roy Bean" on the SCOTUS?
I see. You tried to rope me in but just left me hangin’...
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.