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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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The bias of the author is obvious, but it's an interesting article, none-the-less.
1 posted on 06/23/2018 2:51:10 PM PDT by Twotone
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To: Twotone

My immediate guess is that Kagan orders online and just like the rest of does not want to pay taxes on her purchases.


2 posted on 06/23/2018 2:54:24 PM PDT by Reno89519 (No Amnesty! No Catch-and-Release! Just Say No to All Illegal Aliens! Arrest & Deport!)
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As my father used to say, “The liberal’s reward is self-disgust.”


3 posted on 06/23/2018 2:55:33 PM PDT by IncPen ("Inside of every progressive is a Totalitarian screaming to get out" ~ David Horowitz)
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To: Twotone

Silly.
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.


4 posted on 06/23/2018 2:56:39 PM PDT by Artemis Webb (Maxine Waters for House Minority Leader!!)
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To: Twotone

Something happened on the Road to Damascus?


5 posted on 06/23/2018 2:58:33 PM PDT by COBOL2Java (Marxism: Wonderful theory, wrong species)
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To: Twotone

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

She got a hold of a bad brisket?


6 posted on 06/23/2018 2:59:39 PM PDT by vette6387
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To: Twotone

Egads, has she been reading Free Republic and finally came to her senses?!?


7 posted on 06/23/2018 3:00:08 PM PDT by PROCON ('Progressive' is an Euphemism for Totalitarian)
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To: Twotone

Somebody didn’t get paid off?


8 posted on 06/23/2018 3:02:15 PM PDT by RedStateRocker (Nuke Mecca, deport all illegals, abolish the DEA, IRS and ATF.)
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To: Reno89519

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


9 posted on 06/23/2018 3:02:51 PM PDT by Bonemaker (invictus maneo)
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To: Twotone
y, Kagan authored the majority opinion in Lucia v. SEC, a huge case that threatens to erode the political independence of multiple federal agencies

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.

10 posted on 06/23/2018 3:05:11 PM PDT by AndyJackson
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To: COBOL2Java
#5: "Something happened on the Road to Damascus?

Perhaps so.

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.
 

11 posted on 06/23/2018 3:07:16 PM PDT by Governor Dinwiddie (MAGA in the mornin', MAGA in the evenin', MAGA at suppertime . . .)
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To: Bonemaker

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.


12 posted on 06/23/2018 3:08:00 PM PDT by rdl6989
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To: Twotone
Supreme Court Opinion in Lucia v SEC

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.

13 posted on 06/23/2018 3:11:14 PM PDT by AndyJackson
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To: IncPen

That’s actually a brilliant line! Thanks!


14 posted on 06/23/2018 3:11:15 PM PDT by sauropod (I am His and He is mine. #FreeTommy)
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To: Twotone
"Hey, these books don't just look good; They're full of useful information!"


15 posted on 06/23/2018 3:12:14 PM PDT by Sirius Lee (In God We Trust, In Trump We MAGA)
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To: AndyJackson

RBG and Sotomayor were the dissent in favor of arbitrary unappointed DS bureaucratic power.


16 posted on 06/23/2018 3:14:00 PM PDT by AndyJackson
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To: Twotone

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.


17 posted on 06/23/2018 3:16:19 PM PDT by rockinqsranch (Conservatives seek the truth. Democrats seek the power to dictate what truth is.)
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To: rockinqsranch

I was thinking survival bid, but Trump cannot can her. Only replace her if she leaves the court (for eternity or elsewhere).


18 posted on 06/23/2018 3:19:00 PM PDT by HiTech RedNeck (Tryin' hard to win the No-Bull Prize.)
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To: Twotone

Many lesbians are conservatives.


19 posted on 06/23/2018 3:19:51 PM PDT by Uncle Miltie (Sessions IS the swamp.)
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To: PROCON

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.


20 posted on 06/23/2018 3:22:09 PM PDT by GOP Poet
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