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Aaron P. Bernstein | Reuters
People line up to attend the opening of the new Supreme Court mandate in Washington on October 1, 2018.
In the current political climate that divides, Kagan said that the court should be considered "above the fray" to preserve its legitimacy. Sotomayor acquiesced, adding that the politicization of legal ideology had harmed the court.
Both judges stated that the High Court was unanimously ruling on many more cases than the public is aware of. However, in more controversial cases, Kagan acknowledged that the court tended to be divided in a predictable manner.
She stated, however, that in recent decades, there has always been a decisive vote, like Judges Sandra Day O. Connor and Anthony Kennedy. Kagan argued that having a person whose vote was less predictable gave the court a sense of impartiality.
"It's not so clear for the future – that kind of middle position – it's not so clear whether we'll get that," Kagan said.
Kavanaugh, who should be confirmed as early as Saturday, is considered an ideological conservative who would push the court to the right for a whole series of questions.
Despite the judicial philosophy of the judges, Kagan and Sotomayor described a culture of respect among the members of the Supreme Court, explaining that it was essential to their work.
Kagan said the judges had "a vested interest" in maintaining good relations with each other. Sotomayor added that it is easier to persuade someone when he does not feel persecuted to have a different perspective.
"I think if you can approach people in this way and understand that the difference of opinion does not necessarily consider you to be a perverse person, you will have more space to talk. 39 space to engage and certainly more space for the willingness to compromise, "Sotomayor. I said.
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