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Kagan: Supreme Court's legitimacy is precious

Supreme Court Justice Elena Kagan speaks about the reputation of the Supreme Court the same day that the Senate passed a key procedural vote 51-49 to advance Brett Kavanaugh's Supreme Court nomination to a final floor vote.

Posted: Oct 7, 2018 10:04 AM
Updated: Oct 7, 2018 10:04 AM

Supreme Court Justice Elena Kagan expressed concern Friday over the court's lack of a swing vote with Justice Anthony Kennedy's departure from the bench.

Speaking at a Princeton University conference, Kagan warned that a politically divided court could jeopardize its legitimacy.

"In the last, really 30 years, starting with Justice O'Connor and continuing with Justice Kennedy, there has been a person who found the center or people couldn't predict in that sort of way. That enabled the court to look as though it was not owned by one side or another and was indeed impartial and neutral and fair," Kagan said.

She continued: "It's not so clear going forward. That sort of middle position, you know, it's not so clear whether we'll have it."

Kagan's comments come as President Donald Trump looks to fill the vacancy left by Kennedy with Judge Brett Kavanaugh, who is expected to be confirmed by the Senate during a final vote Saturday.

Kavanaugh was accused in September of committing sexual and physical assault more than 30 years ago, and he testified about the alleged incident at a hearing with the Senate Judiciary Committee last week. During the hearing, some of Kavanaugh's testimony appeared blatantly political -- in one instance he called the handling of the accusation "a calculated and orchestrated political hit."

"This whole two-week effort has been a calculated and orchestrated political hit, fueled with apparent pent-up anger about President Trump and the 2016 election, fear that has been unfairly stoked about my judicial record, revenge on behalf of the Clintons and millions of dollars in money from outside left-wing opposition groups," Kavanaugh said.

Kagan, speaking alongside fellow Supreme Court Justice Sonya Sotomayor, on Friday emphasized the importance of maintaining the court's legitimacy "especially in this time where the rest of the political environment is so divided."

"Part of the court's legitimacy depends on people not seeing the court in the way that people see the rest of the governing structures of this country now. In other words, people thinking of the court as not politically divided in the same way, as not an extension of politics, but instead somehow above the fray," she said.

Mississippi Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 113876

Reported Deaths: 3238
CountyConfirmedDeaths
Hinds7850176
DeSoto685779
Harrison505083
Jackson445084
Rankin388186
Madison377993
Lee350779
Forrest299578
Jones287784
Washington255199
Lafayette245943
Lauderdale2418134
Lamar221238
Bolivar200177
Oktibbeha199354
Neshoba1831111
Lowndes176362
Panola169038
Leflore165187
Sunflower159749
Warren153655
Monroe147372
Pontotoc145819
Marshall139227
Lincoln138557
Pike137756
Copiah136236
Coahoma124736
Scott124729
Grenada121138
Yazoo120733
Simpson120449
Union116525
Tate114939
Leake114340
Holmes114160
Pearl River112259
Itawamba112125
Adams106743
Prentiss103719
Wayne99821
Alcorn98112
George97718
Covington95326
Marion93542
Tippah88121
Newton85227
Chickasaw83626
Tallahatchie83025
Winston82821
Tishomingo80041
Hancock79827
Attala78926
Clarke73450
Clay68321
Jasper67717
Walthall63627
Calhoun61912
Noxubee59617
Smith58916
Montgomery53523
Claiborne53316
Tunica52817
Yalobusha51914
Lawrence50714
Perry48623
Carroll47612
Greene46918
Stone46214
Humphreys42616
Amite42113
Quitman4196
Jefferson Davis40011
Webster37013
Wilkinson33520
Benton3255
Kemper32015
Sharkey28014
Jefferson27410
Franklin2373
Choctaw2046
Issaquena1074
Unassigned00

Alabama Coronavirus Cases

Confirmed Cases: 155915

Reported Deaths: 2674
CountyConfirmedDeaths
Jefferson22861374
Mobile14468314
Tuscaloosa10148139
Montgomery9875196
Madison915094
Shelby720462
Lee649665
Baldwin647569
Marshall433049
Calhoun418960
Etowah418749
Morgan403635
Houston369232
DeKalb330229
Elmore314852
St. Clair287142
Limestone276530
Walker272293
Talladega261035
Cullman235724
Lauderdale214841
Jackson210015
Autauga202330
Franklin202131
Colbert196731
Russell19233
Blount189325
Dallas186227
Chilton184132
Escambia171929
Coffee171710
Covington169929
Dale165451
Chambers133643
Pike132313
Tallapoosa130587
Clarke130017
Marion106229
Butler100140
Barbour9979
Marengo99222
Winston91313
Geneva8527
Pickens82417
Lawrence82131
Randolph81216
Bibb81114
Hale74930
Clay72912
Cherokee72614
Lowndes70328
Monroe64010
Henry6396
Bullock63717
Washington63412
Crenshaw60230
Perry5836
Wilcox56212
Fayette56113
Conecuh55713
Cleburne5438
Macon52920
Sumter47021
Lamar4665
Choctaw38812
Greene34216
Coosa2023
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