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- Sep 30, 2011
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Justice Elena Kagan shocked the world on Monday when she joined a dissent by Justice Samuel Alito that would’ve made Robert Bork proud. In Ramos v. Louisiana, Alito contested the Supreme Court’s 6–3 decision striking down split verdicts, which allow conviction by a nonunanimous jury. Kagan, a Barack Obama appointee, typically sides with the court’s liberal wing on civil rights and criminal law. Yet here she was, joining a reactionary dissent defending an unjust practice rooted in bigotry. Civil libertarians were understandably disappointed, baffled, angry, skeptical, and saddened.
Kagan’s vote in Ramos really shouldn’t have come as a surprise: The justice crosses ideological lines in divided decisions more frequently than any of her liberal colleagues do. She’s also a pragmatist with a fierce commitment to precedent who will follow her principles even when they lead to an outcome she dislikes. Kagan is no closet conservative. She is playing the long game in two related ways: establishing herself as the court’s fiercest defender of precedent and sacrificing ideological purity in favor of compromise with her conservative colleagues. But that is no guarantee that she will prevail, or that any of her compromises will actually pay off.
slate.com
Yanno, Slate goes over the top in politicizing judges. Really they do.
Kagan’s vote in Ramos really shouldn’t have come as a surprise: The justice crosses ideological lines in divided decisions more frequently than any of her liberal colleagues do. She’s also a pragmatist with a fierce commitment to precedent who will follow her principles even when they lead to an outcome she dislikes. Kagan is no closet conservative. She is playing the long game in two related ways: establishing herself as the court’s fiercest defender of precedent and sacrificing ideological purity in favor of compromise with her conservative colleagues. But that is no guarantee that she will prevail, or that any of her compromises will actually pay off.
Why Is Everyone Mad at Elena Kagan?
There’s a reason she keeps siding with the conservatives.
Yanno, Slate goes over the top in politicizing judges. Really they do.
