ELENA KAGAN: ‘IT’S NOT SO CLEAR WHETHER WE’LL HAVE’ SWING-VOTE ON SCOTUS

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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 an extension of a terribly polarizing process.”READ MORE

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Supreme Court Justice Ruth Bader Ginsburg forgot the contents of the 14th Amendment while speaking to the National Woman’s Party in late August and needed an audience member to give her a copy of the Constitution so she could remember what it said.

The incident happened on August 26, 2018, when Ginsburg was asked to talk about the Equal Rights Amendment while addressing the audience at the Belmont-Paul Women’s Equality National Monument.

“So you’ve written a few articles over the years about the need for the ERA … and you’ve of course noted that the ERA would give the Supreme Court a more secure handle in its support for equality,” said Jill C. Morrison, Executive Director of the Women’s Law and Public Policy Fellowship at Georgetown Law.- READ MORE

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