Skip to comments.Elena Kagan Is Up to Something
Posted on 06/23/2018 2:51:10 PM PDT by Twotone
What is Justice Elena Kagan doing? So far this term, the liberal justice has crossed ideological lines at least three times to join the Supreme Courts conservatives. Most recently, on Thursday, Kagan authored the majority opinion in Lucia v. SEC, a huge case that threatens to erode the political independence of multiple federal agencies. Tearing down the administrative state is supposed to be Justice Neil Gorsuchs pet project. In Lucia, though, it was Kagan who took the lead in undermining the civil service, authoring an opinion that prompted a sharp dissent by Justice Sonia Sotomayor, who accused her colleague of making legal and factual errors.
Why is Kagan playing nice with the conservatives this term? What, put bluntly, is in it for her? Given her overall voting pattern, which remains progressive, it seems unlikely shes ideologically drifting. Its possible, though, that these defections are tactical maneuversefforts to build a moderate coalition to keep the court from veering rapidly to the right. Kagan isnt losing the battle to win the war. Shes wrestling the courts far-right justices to a draw in order to forestall disaster. And so far, shes been surprisingly successfulto the occasional annoyance of her usual allies.
(Excerpt) Read more at slate.com ...
My immediate guess is that Kagan orders online and just like the rest of does not want to pay taxes on her purchases.
As my father used to say, “The liberal’s reward is self-disgust.”
Kagan isn’t “up to something”. She probably just believes as she voted. I’m sure she’ll be back to towing the liberal line in no time.
Something happened on the Road to Damascus?
“Why is Kagan playing nice with the conservatives this term? “
She got a hold of a bad brisket?
Egads, has she been reading Free Republic and finally came to her senses?!?
Somebody didn’t get paid off?
Justice Scalia had taken her under his wing. Even took her skeet shooting and maybe hunting. Maybe some of his goodness rubbed off on her.8
What political independence of the federal agencies? The executive power is vested in the President.
Why would leftists want unaccountable bureaucrats any more than rightists. Those who want unaccountable bureaucrats are globalists and crony capitalists. Even socialists want the state to execute their socialist nightmare.
There have been numerous reports that professionally Justice Kagan and Justice Thomas have grown very close, best colleagues practically. They have spent a lot of time together discussing the law. It is an improbable friendship and a fascinating one.
I believe Justice Kagan has grown professionally since she assumed her duties on the court, especially after her friendship with Justice Thomas blossomed. I doubt she is a conservative but she seems to have shed the mantle of ideologue.
Thanks for posting that info, I didn’t know this. I knew he was good friends with Ruth Bader-Ginsburg but I didn’t know he took Kagan skeet shooting.
In this case Kagan held that Administrative Law Judges of the SEC are Officers of the United States, subject to the Appointments Clause [appointed by the President and subject to confirmation by the Senate] and not lesser included also ran employees.
This is a victory for the constitution.
That’s actually a brilliant line! Thanks!
RBG and Sotomayor were the dissent in favor of arbitrary unappointed DS bureaucratic power.
The bent of the article is to be expected as it is Slate.
The author is apparently wrapped up so tightly in his leftist bias he forgets there is not only left, and right, but objective as well.
Perhaps Kagan is surprising us all with some objectivity.
I was thinking survival bid, but Trump cannot can her. Only replace her if she leaves the court (for eternity or elsewhere).
Many lesbians are conservatives.
Is this the justice that was friends with Scalia? If so I would guess that she has matured as a jurist (I think they call them lol.) Maybe it was an intellectual richness combined with commitment to philosophy that Scalia saw and liked. (as opposed to just voting party line—GInsberg.
Although she and Scalia were close buds too. So who knows.) But who knows about Kagan. I will probably go back to calling her a slim soul and idiot given the wrong vote on a later decision. lol.
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