The Conservative Cave
Current Events => General Discussion => Topic started by: SSG Snuggle Bunny on October 04, 2010, 02:18:47 PM
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Elena Kagan begins hearing cases as the Supreme Court's 112th justice Monday morning. But anyone who wants to see her in action needs to be sharp.
Kagan will hear the first case argued before the court, then slip quietly through the burgundy velvet curtains behind the bench. She'll be out of the action in all three cases : Tuesday. Her chair will be empty when the court returns next Tuesday and she'll put in a half-day the next day.
Kagan's old job as solicitor general - the "10th justice" - is initially making it hard to do her new job as the ninth justice.
Kagan, 50, has recused herself from 25 of the 51 cases the court has accepted so far this term, all as a result of her 14-month tenure as solicitor general, the government's chief legal representative in the Supreme Court and the nation's lower appellate courts.
http://www.washingtonpost.com/wp-dyn/content/article/2010/10/03/AR2010100303890.html
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$213,900 per year for a part time gig. not bad. :whatever:
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$213,900 per year for a part time gig. not bad. :whatever:
I wonder what becomes of the cases that go down 4-4. Don't get me wrong, I'm glad she won't be the tipping point to decide those cases through a leftist prism but I foresee the really controversial stuff dragging on into deeper uncertainty.
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Technically the next-lower (Circuit Court of Appeals) decision stands in a tie, but it's fairly unlikely to happen that way, normally for anything that tough, there would be more than two opinions and the decision would be drawn from the points make in the most of them when taken all together; though not an even split, Roe v. Wade was a case where there was no majority opinion and therefore what it really means as legal precedent beyond the bare bottom-line outcome remains highly debatable.
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Give her some (minor) credit. At least she's recusing herself from cases in which she's had or taken a position previously.
More than we can say about most of the current DOJ.