What would be a good (and appropriate) question for Justice Kagan that you'd want answered? Not things she'd have to pass on answering....https://twitter.com/rickhasen/status/919979521712979970 …
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My question has to do with whether it is good or bad for American democracy that
#scotus gets lots of election cases via mandatory appeal?Show this thread
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Kagan agrees with what J Scalia said that you can't take it personally when Justices disagree in good faith
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Kagan says Chief is a great model for collegiality. Self interest keeps things cordial because Justices are repeat players
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Kagan: the best response to charges of scotus politicization is to reach consensus where they can
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after Scalia death, 8 person court silver lining was Justices had to keep talking even when it appeared 4-4. Try try try to break ties
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Sometimes Justices found a question for which they agreed on the answer but it wasn't a question anyone wanted answered
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On opinion writing J Kagan said some people thought she went too far in citing Dr Seuss
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If good opinion writing looks easy, it is actually a lot of work. Kagan aims for a reader who is intelligent without a law degree
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Look for examples, analogies closer to home that people can relate to. Be clear, engaging and will stick with people. Like how she taught
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Kagan on legal writing: "there's a lot of banging your head against your computer monitor"
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Primary job in deciding cases for Supreme Court to take is resolving Circuit splits, J Kagan says. Also when court strikes act of congress
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To prepare for oral argument. After Kagan reads briefs and bench memo, brings in all clerks for Socratic dialogue
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Kagan thinks about what points she wants to make at oral argument.
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Oral argument makes less difference than the briefs but oral argument sometimes makes Kagan go back and reconsider
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Kagan on statutory interpretation: there are more agreed principles than you'd think. If text clear that's it. Then structure,history,canons
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Mostly agreement on interpretation with some Justices at polar ends. Court is closer to Scalia pile. This is a textualist Court, Kagan says
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Scalia should have just declared victory on textualism and declared victory and not pushed for view to never cite legislative history
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Kagan: "I'm pretty much a textualist myself."
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End of conversation
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