photo credit: macgodbrad[/caption]Everyone knew that it was inevitable - that Miss Kagan would be confirmed to the Supreme Court. Bloomberg.com is reporting that by a 63-37 margin, on a vote on mostly party line, retiring Justice Paul Stevens was succeeded by Miss Kagan. The Republicans argued that she didn’t have the judicial experience, and moreover, claimed that she was going to be an activist jurist. Now that Miss Kagan has been elevated to the supreme Court, the million dollar question is what impact Miss Kagan is going to have on the Supreme Court – is she going to maintain the balance of five conservatives to the four liberals.
Can Miss Kagan use her wit to persuade someone like Justice Kennedy who is said to be a moderate conservative to vote with the liberal block? Look at the issues out there – the country is ripe with the gnawing competition among the various interest groups and just how that there are projections of monumental changes coming this mid-term elections… so are the issues pending by the supreme Court.
There are many important issues facing the country and these issues will eventually make there way to the Supreme Court. Among these issues are same sex marriage and this vote can go either way. It would be a good guess that Miss Kagan will vote with the Liberal block of the court, but that block might persuade Justice Kennedy to sanction same sex unions. Lawyers operate from case precedents to glean how justices will rule on cases of a similar nature and Kennedy has authored two seminal cases that expanded the rights of homosexuals – so it may be academic as to how the Supreme Court is going to rule on gay marriage.
Eleanor Kagan will also sit in judgment and rule on the immigration issue – this might come down on the side of the conservatives, but then, at this juncture, we do not know how the interaction will play out and whether Miss Kagan will be able to sway the justices who are in the middle philosophically on these issues and ready to be swayed. There are no surprises expected from Miss Kagan – we expect her to tow the liberal line. It is no small feat that Miss Kagan has achieved the pinnacle of her law career, making history for being the third female on the high court. Kagan’s legacy will be shared with President Obama who made her the second woman he has elevated to our Supreme Court.
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