no way would Kagan do that IMHO she is a one minded view and going by what she said by trying to help the defense in their presentation I;d say she made her mind up way before she heard thew arguments for and against.
This Motherhugging Kenyan Socialist Muslim Marxist Crack Smoking D**k Sucker (also known as President Barack Obama) knows full well that Judicial Review, which is their precise function, has been the job of the Supreme Court since the country was founded.
Unprecedented???!? This is the use of Hitler's Big Lie premise!!!
Let me give you a feew precedents to the Supreme Court "overturning a law that was passed by a strong majority of a democratically elected Congress"
Supreme Court Overturns Campaign Finance Law
And that's just two examples. There are more.