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Title : "What is Justice Elena Kagan doing?"
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"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?... It’s possible... 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...."

That's Mark Joseph Stern at Slate.

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