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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

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.


61 posted on 10/05/2018 7:16:19 PM PDT by BeauBo
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To: yesthatjallen

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)


62 posted on 10/05/2018 7:16:29 PM PDT by LostInBayport (When there are more people riding in the cart than there are pulling it, the cart stops moving...)
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To: yesthatjallen

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.


63 posted on 10/05/2018 7:16:45 PM PDT by fhayek
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To: Mariner

Yea a real POS. Maybe she will quit in protest. Her opinion is worthless.


64 posted on 10/05/2018 7:17:41 PM PDT by Soros Billions (Gore is a pussy, Hillary : There's a man for ya)
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To: CaptainMorgantown
“I’d say she lacks a judicial temperament.”

It's from “hoovering” too many Briskets of Beef. Maybe she "dates" Jerold Nadler?

65 posted on 10/05/2018 7:17:59 PM PDT by vette6387
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To: Garvin
So she just admitted shes not impartial?

Correct. She’s a left-wing judicial activist acting in a legislative role.

66 posted on 10/05/2018 7:18:20 PM PDT by windsorknot
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To: yesthatjallen

Wait, isn’t this her just admitting she’s always going to take one side and is entirely predictable?


67 posted on 10/05/2018 7:18:26 PM PDT by PittsburghAfterDark (The American media: We do what the Soviet media did without the guns to our head.)
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To: yesthatjallen

How does this sound swinger? You were appointed by an illegitimate president who wasn’t even a citizen of the United States. Therefore, you and the “Wise Latina” are also illegitimate. You may step down anytime.

68 posted on 10/05/2018 7:18:33 PM PDT by SkyPilot ("I am the way and the truth and the life. No one comes to the Father except through me." John 14:6)
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To: yesthatjallen

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!


69 posted on 10/05/2018 7:18:35 PM PDT by EarlyBird (There's a whole lot of winning going on around here!)
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To: Mr. Lucky

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.


70 posted on 10/05/2018 7:18:47 PM PDT by jonose
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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


71 posted on 10/05/2018 7:18:48 PM PDT by confederatecarpetbag
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To: Ben Mugged

“Seems to me she took an oath to that effect.”

Oaths of Office have no meaning to Marxists.


72 posted on 10/05/2018 7:18:50 PM PDT by vette6387
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To: yesthatjallen

In light of these comments Justice Kagan should recuse herself for prejudging cases that she has not yet heard.


73 posted on 10/05/2018 7:19:09 PM PDT by af_vet_1981 (The bus came by and I got on, That's when it all began.)
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To: yesthatjallen
Trump will probably appoint replacements to Ruth Bader Ginsberg, Stephen Bryer and Sonya Sotomayer.

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

74 posted on 10/05/2018 7:20:55 PM PDT by rdcbn
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To: yesthatjallen

Sounds like it’s not to be you. Why is that?


75 posted on 10/05/2018 7:21:09 PM PDT by nfldgirl
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To: yesthatjallen

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.


76 posted on 10/05/2018 7:21:45 PM PDT by Wuli (u)
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To: sevlex

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.


77 posted on 10/05/2018 7:21:48 PM PDT by katieanna
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To: yesthatjallen

Because there is no “Swing” Constitution.


78 posted on 10/05/2018 7:22:00 PM PDT by headstamp 2 (My "White Privilege" is my work ethic.)
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To: yesthatjallen

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.


79 posted on 10/05/2018 7:22:01 PM PDT by Fightin Whitey
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To: yesthatjallen

It’s 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.


80 posted on 10/05/2018 7:22:07 PM PDT by Yaelle (.)
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