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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: af_vet_1981

This remark astonishes me——she seems to want to give a tremendous amount of power to ONE justice.

.


81 posted on 10/05/2018 7:22:19 PM PDT by Mears
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To: Intolerant in NJ
If Hillary had won, there would be no swing votes either.

Elections have consequences and this one was for all the marbles. Thank God we were blessed with Donald Trump, an unselfish, hard driving genius.

82 posted on 10/05/2018 7:22:29 PM PDT by caltaxed
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To: yesthatjallen

83 posted on 10/05/2018 7:23:34 PM PDT by Hugin ("Not one step from his weapons should a traveler take"...Havamal 38)
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To: yesthatjallen

Obviously, Kagan has no clue about the constitution or the SCOTUS. But we all knew that going in, including the idiot that appointed her.


84 posted on 10/05/2018 7:24:17 PM PDT by Jim Robinson (Resistance to tyrants is obedience to God!)
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To: yesthatjallen

Kagan and Sotomayor are invalid appointments. Made by a marxist muslim usurper. It’s time to remove those ceckless communist funts from the bench.


85 posted on 10/05/2018 7:24:25 PM PDT by Electric Graffiti (Jeff Sessions IS the insurance policy)
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To: yesthatjallen

Wonder how she will feel once RBG is replaced!


86 posted on 10/05/2018 7:24:53 PM PDT by Red in Blue PA (Fascism and socialism are cousins. They both disarm their citizens.)
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To: yesthatjallen
There is no requirement for a "swing vote" in the Supreme Court, just as there is not a required number of right-middle-left justices.
87 posted on 10/05/2018 7:25:04 PM PDT by Major Matt Mason (Any lover of big government is an enemy of freedom.)
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To: pacificus

Plain and simple, she exposed herself as a partisan, and she herself undermines the legitimacy of the leftist justices on the high court.


Exactly.

The concept of a “swing vote” means someone who doesn’t only vote her political opinion. What an admission.


88 posted on 10/05/2018 7:25:18 PM PDT by Yaelle (.)
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To: Yaelle

She can swing. Hang her high.


89 posted on 10/05/2018 7:25:24 PM PDT by JusPasenThru (Progressives need to get over their love affair with abortion.)
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To: yesthatjallen

So for roughly 200 years then there was no “swing” vote... and that’s a problem, that it won’t have one now???

Silly


90 posted on 10/05/2018 7:26:11 PM PDT by HamiltonJay
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To: yesthatjallen

Ya...think???


91 posted on 10/05/2018 7:27:06 PM PDT by woofer2425
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To: SkyPilot

Look closely. It’s a younger butch lesbo Chuck Schumer.


92 posted on 10/05/2018 7:27:07 PM PDT by SpaceBar
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To: yesthatjallen

Just where in the Constitution is there anything that says there should be a swing vote? Is it in the same place as the provision for penumbra, privacy, and abortion?

Does she even contemplate that there could possibly be 9 conservative origionalists on the Supreme Court?

Swing vote? What a total ass!


93 posted on 10/05/2018 7:27:26 PM PDT by laweeks
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To: yesthatjallen

So Kagan has admitted SHE is a doctrinaire leftist who does not consider each case objectively.

Leave b!+ch!


94 posted on 10/05/2018 7:28:15 PM PDT by Sgt_Schultze (When your business model depends on slave labor, you're always going to need more slaves.)
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To: yesthatjallen

Luckily the SC still has 2 dykes /sarc


95 posted on 10/05/2018 7:29:06 PM PDT by steel_resolve (And an angel still rides in the whirlwind and directs this storm)
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To: CivilWarBrewing

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

Yup.


96 posted on 10/05/2018 7:30:16 PM PDT by Electric Graffiti (Jeff Sessions IS the insurance policy)
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To: yesthatjallen

In my opinion Kagan ‘The Wise Latina’ is the one who does not have a judicial temperament. In fact the hag is breaking longstanding Supreme Court custom by remarking upon and getting politics about a Supreme Court nominee before during the Senate confirmation process.


97 posted on 10/05/2018 7:30:45 PM PDT by WMarshal (America First)
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To: yesthatjallen

98 posted on 10/05/2018 7:31:05 PM PDT by gaijin
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To: yesthatjallen

Yes, you still do.

Roberts.


99 posted on 10/05/2018 7:31:41 PM PDT by ZULU (MAGA)
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To: yesthatjallen

That’s for dang sure!


100 posted on 10/05/2018 7:32:16 PM PDT by myerson
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