Rick HasenVerified account

Kagan on legal writing: "there's a lot of banging your head against your computer monitor"

Primary job in deciding cases for Supreme Court to take is resolving Circuit splits, J Kagan says. Also when court strikes act of congress

To prepare for oral argument. After Kagan reads briefs and bench memo, brings in all clerks for Socratic dialogue

Kagan thinks about what points she wants to make at oral argument.

Oral argument makes less difference than the briefs but oral argument sometimes makes Kagan go back and reconsider

Kagan on statutory interpretation: there are more agreed principles than you'd think. If text clear that's it. Then structure,history,canons

Mostly agreement on interpretation with some Justices at polar ends. Court is closer to Scalia pile. This is a textualist Court, Kagan says

*Scalia pole