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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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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