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Elena Kagan Is Up to Something
Slate ^ | June 21, 2018 | Mark Joseph Stern

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 Court’s 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 Gorsuch’s 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 she’s ideologically drifting. It’s possible, though, that these defections are tactical maneuvers—efforts to build a moderate coalition to keep the court from veering rapidly to the right. Kagan isn’t losing the battle to win the war. She’s wrestling the court’s far-right justices to a draw in order to forestall disaster. And so far, she’s been surprisingly successful—to the occasional annoyance of her usual allies.

(Excerpt) Read more at slate.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: 2018election; 2020election; election2018; election2020; elenakagan; kagan; mediawingofthednc; partisanmediashills; presstitutes; rulings; scotus; smearmachine; supremecourt; trumpscotus
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To: Uncle Miltie

Testosterone makes you sane?


41 posted on 06/23/2018 4:06:51 PM PDT by ConservativeMind (Trump: Befuddling Democrats, Republicans, and the Media for the benefit of the US and all mankind.)
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To: AndyJackson

It is a major victory for Trump? What you say? Only the president has the power and authority to appoint officers of the court. In this case the SEC appointed administrative judges. Well the SCOTUS said not so fast, you have overstepped your power. Where this ruling gets interesting is that only Trump can appoint a special counsel, the appointment clause. Wonder if the President’s lawyer go back to the SCOTUS with this ruling and ask for Mueller to be shut down. Time will tell.


42 posted on 06/23/2018 4:07:52 PM PDT by Kozy (new age haruspex; "Everyone has a plan 'till they get punched in the mouth.")
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To: ExpatCanuck

Well, she hasn’t really.....up to now....maybe she got a boyfriend that is SMART!


43 posted on 06/23/2018 4:09:02 PM PDT by Ann Archy (Abortion....... The HUMAN Sacrifice to the god of Convenience.)
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To: hoosiermama; COBOL2Java; Twotone

I don’t know if Kagan has been ill or not. Ginsburg seems to be the one in ill- health. Sotomayor did have shoulder surgery during the winter.

And it occurred to me that the Slate folks are commenting, because the Left does NOT permit anyone to deviate from leftist ideology. And she has deviated, even if in a minor way from a conservative view....but that is to much for the Left.


44 posted on 06/23/2018 4:11:37 PM PDT by GreyFriar (Spearhead - 3rd Armored Division 75-78 & 83-87)
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To: GreyFriar

Didn’t realize she was Jewish. Maybe JerUSAlem impressed her? One never knows!


45 posted on 06/23/2018 4:13:26 PM PDT by hoosiermama (When you open your heart to patriotism, there is no room for prejudice.DJT)
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To: GreyFriar

I don’t think Kagan’s health is an issue. Sotomayor has a severe diabetic issue. These two are relatively young & they’ll probably be on the court a while. The DO get the best of health care.


46 posted on 06/23/2018 4:13:37 PM PDT by Twotone
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To: Ann Archy

LOL again. Having a smart boyfriend can change everything! I know, I’ve been one!


47 posted on 06/23/2018 4:14:20 PM PDT by ExpatCanuck
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To: Bonemaker

My friend was at the Red Mass in Washington and she sat next to him.


48 posted on 06/23/2018 4:14:42 PM PDT by fatima (Free Hugs Today :))
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To: Twotone

“Why is Kagan playing nice with the conservatives this term? “

That question tells one all we need to know about the progressive mindset and attitude toward the Constitution and courts.

To them it is something to use for their own purposes.


49 posted on 06/23/2018 4:16:12 PM PDT by ifinnegan (Democrats kill babies and harvest their organs to sell)
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To: AndyJackson

those are ones who want the bureaucracy accountable only to the great corporations and
certain NGOs.


50 posted on 06/23/2018 4:18:26 PM PDT by arthurus (djdgh)
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To: COBOL2Java

Her and Scalia were really good friends.. Taught how to shoot.. Who knows, maybe she learned something.


51 posted on 06/23/2018 4:21:02 PM PDT by scbison
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To: rockinqsranch

“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.”

That is what I found striking - it never even occurs to the Leftist author, that a Supreme Court Justice might be impartial in a ruling.

They are so consumed by their religion (politics), and so totally given over to it, that any restraint or morality has not just been abandoned - it has been forgotten.


52 posted on 06/23/2018 4:22:26 PM PDT by BeauBo
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To: ExpatCanuck

GOOD for YOU!!! God Bless You!!!


53 posted on 06/23/2018 4:23:14 PM PDT by Ann Archy (Abortion....... The HUMAN Sacrifice to the god of Convenience.)
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To: Uncle Miltie

Tammy Bruce and yes, they are. Interesting isn’t it?


54 posted on 06/23/2018 4:24:38 PM PDT by Az Joe (I AM TRUMP!)
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To: Twotone

Thanks for the clarification. Knew it was one of them


55 posted on 06/23/2018 4:25:35 PM PDT by hoosiermama (When you open your heart to patriotism, there is no room for prejudice.DJT)
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To: Twotone

Waaay too thoughtful .... but it is Slate


56 posted on 06/23/2018 4:26:28 PM PDT by Nifster (I see puppy dogs in the clouds)
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To: Governor Dinwiddie

My take, she is clearly to me, the most unqualified person on the court.... and she knows it. Perhaps her friendships with far more astute and qualified judges has taught her things she clearly didn’t understand.

Either that or she knows she is so unqualified that she will bend to the most qualified around her, and that’s how she has survived. Previously the most qualified in her circle were left wing judicial activists, now they are not.


57 posted on 06/23/2018 4:32:22 PM PDT by HamiltonJay
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To: Twotone

We’ve had to deal with too many conservatives on the court turning into liberals.

It’s about time that maybe someone changes the other way.


58 posted on 06/23/2018 4:35:45 PM PDT by Luircin
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To: Twotone

Could it be that for once we have a liberal appointed to the Court who eventually goes conservative - nah........


59 posted on 06/23/2018 4:36:55 PM PDT by Intolerant in NJ
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To: SuperLuminal

That may turn out to be the crime of all American history. There are plenty in this country capable of it.


60 posted on 06/23/2018 4:44:41 PM PDT by Bonemaker (invictus maneo)
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