Rick HasenVerified account

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

Scalia should have just declared victory on textualism and declared victory and not pushed for view to never cite legislative history

Kagan calls Thurgood Marshall "the greatest lawyer of the 20th century"