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Speaking at a Princeton University conference, Kagan warned that a politically-divided tribunal could jeopardize its legitimacy.
"Over the past 30 years, from Judge O. Connor to the presidency of Judge Kennedy, a person has discovered that the center or the public could not predict it in this way." This allowed the court to give evidence. impression she did not belong to one or the other of the parties and was indeed impartial, neutral and fair, "Kagan said.
She continued: "It is not so clear to go forward.This kind of middle position, you know, it is not so clear if we l? will. "
Kagan's comments come as President Donald Trump seeks to fill the vacancy left by Kennedy to Judge Brett Kavanaugh, who is expected to be confirmed by the Senate in a final vote Saturday.
"This two-week effort was a calculated and orchestrated political success, fueled by an apparently hidden anger about President Trump and the 2016 election, a fear unfairly fueled by my criminal record, a revenge on behalf of Clinton and millions of dollars in money from leftist opposition groups, "said Kavanaugh.
Kagan, speaking alongside Judge Sonya Sotomayor at the Supreme Court, stressed on Friday the importance of maintaining the legitimacy of the court "especially in this period when the rest of the political environment is so divided."
"Part of the legitimacy of the court is that people do not see it in the same way as the other governing bodies of the country, in other words, people who think that the court does not see it. is not politically divided in the same way, not an extension of politics, but somehow above the fray, "she said.
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