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Kagan warns that Supreme Court may not have a swing vote anymore
The Hill ^ | 10/05/18 | JUSTIN WISE

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.


TOPICS: News/Current Events
KEYWORDS: chickenlittle; deeplysaddened; elenakagan; kagan; kagankavanaugh; kavanaugh; repealthe19th; scotus; supremecourt; swingvote; teotwawki; theskyisfalling
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To: yesthatjallen

Kagan is an academic justice, not a judicial one. She has no paper trail or prior judicial experience. But yet The Stupid Party still voted for her.


41 posted on 10/05/2018 7:09:49 PM PDT by Extremely Extreme Extremist (GO BREWERS! KICK THE MLB DEEP STATE @SS!)
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To: shelterguy

Yeah...I wonder if she understands “due process”...??? So many lawyers these days seem to NOT.


42 posted on 10/05/2018 7:09:50 PM PDT by goodnesswins (White Privilege EQUALS Self Control & working 50-80 hrs/wk for 40 years!)
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To: dfwgator

Exactly what I thought when I read her comments. Unfortunately, she could be wrong. Roberts is probably willing to fill that role to win accolades from the DC crowd. He’s done it before.


43 posted on 10/05/2018 7:10:05 PM PDT by ConservaTexan (February 6, 1911)
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To: yesthatjallen

How many million children have been murdered in their mothers’ wombs because a swing vote couldn’t muster the courage to distinguish between what was right from what was trendy?


44 posted on 10/05/2018 7:10:23 PM PDT by Mr. Lucky
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To: yesthatjallen

And when we replace Ginsburg it will no longer have a communist vote either


45 posted on 10/05/2018 7:10:26 PM PDT by chuckee (extended beyond the time)
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To: yesthatjallen

There will always be a swing with nine. After the next confirmation, it will be Sam Alito.


46 posted on 10/05/2018 7:10:32 PM PDT by Lisbon1940 (No full-term Governors (at the time of election!)
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To: jeffersondem

She is looking into the abyss of a life sentence of meaninglessness.
Hope she quits;)
I think Trump has one maybe two more SCOTUS pics.
It will be one of his legacy achievements.


47 posted on 10/05/2018 7:10:33 PM PDT by jonose
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To: yesthatjallen

Kagan totally out of bounds here with this unprecedented remark.


48 posted on 10/05/2018 7:10:51 PM PDT by Mariner (War Criminal #18)
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To: yesthatjallen

She says that like it’s a bad thing. My heart is bleeding.


49 posted on 10/05/2018 7:11:08 PM PDT by chesley (What is life but a long dialog with imbeciles? - Pierre Ryckmans)
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To: yesthatjallen

Has Kagan ever swung?


50 posted on 10/05/2018 7:11:16 PM PDT by ealgeone (SCRIPTURE DOES NOT CHANGE!)
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To: yesthatjallen

Kagan the Commie


51 posted on 10/05/2018 7:13:43 PM PDT by Third Person (Without double standards the left would have no standards at all.)
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To: yesthatjallen

Well since Justice Kagan is so concerned perhaps she’d like to abandon her partisan leftist skew and become a swing vote, then, since she’s so fond of them all of a sudden. Oh wait, that’s right, it’s Republicans who are supposed to nominate that suddenly set in stone swing vote, never Democrats. Wonder why that is?


52 posted on 10/05/2018 7:13:44 PM PDT by RegulatorCountry
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To: yesthatjallen

Wow, this is a first. A justice on the SCOTUS is expressing an opinion of a candidate for the SCOTUS. Maybe we should just let the SCOTUS select the candidates. obumer was right, I do not recognize this country anymore.


53 posted on 10/05/2018 7:13:50 PM PDT by JoSixChip (He is Batman!)
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To: yesthatjallen
Remember this is the little piggy whom if she had any integrity should have recuse herself on the OdungaCare vote. She worked on it's passage prior to becoming a SCJ.
54 posted on 10/05/2018 7:13:51 PM PDT by DAC21
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To: yesthatjallen

“arting with Justice O’Connor and continuing with Justice Kennedy, there has been a person who found the center”

THis is rich coming from Kagan. She disqualifies herself from being a “swing vote” with her far-left rulings. What a maroon. I wondered why no one ever asked Kagan if she heard reports of Kavanaugh being a sex abuser, since she hired him to teach while Dean at Harvard Law.

I hope Kav refuses to speak with this butch bi*ch


55 posted on 10/05/2018 7:14:50 PM PDT by confederatecarpetbag
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To: yesthatjallen
Prior to being confirmed to the SCOTUS, Elena Kagan was:

a) A LAWYER

b) A JUDGE

c) A LAWYER AND A JUDGE

d) NONE OF THE ABOVE

ANSWER: d) NONE OF THE ABOVE!!!!!

Another giant SH*T on America by Odunga Hussein, the Indonesian Muslim.

56 posted on 10/05/2018 7:15:07 PM PDT by CivilWarBrewing (Get off my back for my usage of CAPS, especially you snowflake males! MAN UP!)
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To: yesthatjallen

The Supremes?

Swingers?

Brings back memories.


57 posted on 10/05/2018 7:15:17 PM PDT by adorno
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To: yesthatjallen

“....who also hails from the Supreme Court’s liberal bloc.”

I recall when Justice Kennedy was asking them to step down because they were too partisan.


58 posted on 10/05/2018 7:15:34 PM PDT by 21twelve (!)
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To: mrmeyer
“She should quit if it bothers her so.”

NO! She and the “Wise Latrina” need to stick around and write dissenting opinions that no one reads. Punishment for being Marxists who don't revere our Constitution. I didn't mention the other two (Ruthie and Breyer) because their lives are coming to an end whether they like it or not. Here's to a SCOTUS where every decision going forward will be at least 5 to 4 in favor of the Constitution. And may we look forward in not too many months to a 7 to 2 Court that will no longer be serving as the RATS “backup legislature.” Trump's greatest gift to this country is a strict Constructionist SCOTUS for the next 30 years!
Now Trump needs to complete the transformation by “remaking the Appellate Courts (including breaking up the Ninth)", and ridding the Federal Bench of the $hit that's blocking him.

59 posted on 10/05/2018 7:15:55 PM PDT by vette6387
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To: yesthatjallen

She can always step down to the 9th Circuit where she would feel more comfortable.


60 posted on 10/05/2018 7:16:03 PM PDT by TADSLOS (I hate Russian Dolls. They are so full of themselves.)
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