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."
Its not so clear, that I think going forward, that sort of middle position it's not so clear whether well have it," Kagan said.
"All of us need to be aware of that every single one of us and to realize how precious the courts 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.
It doesn’t seem that the Republicans are sending us patsies anymore.
The left seems to have lost its veto over the nomination of principled conservatives.
To quote Barack Obama: “Elections have consequences”
To quote the majority of Supreme Court justices: “______________________”
(they typically remain silent on controversial issues outside of written opinions, the Obnoxious RBG and this dope being two notable exceptions)
I just re-read the Constitution. I didn’t see a provision for a “swing vote”. Maybe Kagan would like to see Benny Goodman nominated for the high court.
Yea a real POS. Maybe she will quit in protest. Her opinion is worthless.
It's from “hoovering” too many Briskets of Beef. Maybe she "dates" Jerold Nadler?
Correct. Shes a left-wing judicial activist acting in a legislative role.
Wait, isnt this her just admitting shes always going to take one side and is entirely predictable?
How does this sound swinger? You were appointed by an illegitimate president who wasnt even a citizen of the United States. Therefore, you and the Wise Latina are also illegitimate. You may step down anytime.
Do you mean someone who you can bully to your side of opinions, wise Latina?
If so, no I guess Brett Kavanaugh is not going to be that guy.
Especially after this.
Read about it and weep, Kagan!
How many millions of children left uneducated because forced bussing
Integrated schools but removed parents and neighborhoods from the oversight of schools? Unions took over schools education was out and indoctrination is the norm.
“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
“Seems to me she took an oath to that effect.”
Oaths of Office have no meaning to Marxists.
In light of these comments Justice Kagan should recuse herself for prejudging cases that she has not yet heard.
It would not be a total surprise of Clarence Thomas steps down towards the end of the Trump Presidency just to give a final finger to the Left
Sounds like it’s not to be you. Why is that?
Translation: The Supreme Court may not have a wishy washy asociate justice who votes a “popular” vote depending on which way the poliical winds are blowing.
What is a “moderate” supreme court justice? A justice with too few constiutional principles of their own to be chosen to be on the court, if presidents and senators really knew what they were doing when such a justice was vetted.
Well, she doesn’t have to sit by him. Gorsuch will sit at her left and then Justice K at the far left (with door opening duty as the grunt on the court). Being seated next to 2 bright minds, she may be persuaded by them! God save the Court.
Because there is no “Swing” Constitution.
The words “swing” and Kagan should never be used together.
The use of swing, Kagan and Sotomayer in the same sentence calls for immediate arrest, imprisonment and solitary confinement.
Its kind of sad that most justices are that polarized, actually. Some issues / cases should really be judged from a nonpartisan position.
Ex Obamacare. The judges who voted for it obviously had to IGNORE the one thing they are to base their decision upon, the Constitution.
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