Kagan says Chief is a great model for collegiality. Self interest keeps things cordial because Justices are repeat players
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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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Justice Kagan: legal writing is “a lot of banging your head on the computer monitor.”pic.twitter.com/bpFHnegJUu
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“My first semester grades made me think .. am I a fraud, should I not be here? ... So it turns out you can get over things like that.”
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