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.
Bingo!
So why can’t she be the swing vote? Oh because she’s a liberal partisan hack!!!
Why must the conservatives yeild a vote to the lunatic lockstep leftists?
They would do no such kindness to conservatives.
Plain and simple, she exposed herself as a partisan, and she herself undermines the legitimacy of the leftist justices on the high court.
They are bought and paid for Dem votes.
I’d say she lacks a judicial temperment.
That’s a reflection of our deeply divided country.
She needs to explain exactly why you would need a “swing vote” if every justice is defending and protecting the constitution of the United States. Seems to me she took an oath to that effect.
Exactly.
If she wants a ‘swing vote’ in the Court, she has all the power in the world to make that happen.
I’m sure glad she opened her pie hole on the eve of this historic vote. Tough Gheet, that’s how you MAGA
Step up, Honey.
Hilarious.
> Kagan warns that Supreme Court may not have a swing vote anymore <
Kagan is right! She should resign in protest.
Keg body should shut her unqualified mouth.
The Constitution is not as ambiguous as decades of divided votes because of post-17th Amendment ratification, post-FDR era activist Supreme Court justices would lead us to believe.
I can’t parse a single sentence in any of those quotes.
(This is a Lawyer???)
So she just admitted shes not impartial?
Amen, bro!
My eyes!!!
This is unprecedented for a justice to talk politically about the court. Especially at a time like this.
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.