Posts Tagged ‘Sonia Sotomayor’

Kagan and Sotomayor Play Supreme Court Good Cop-Bad Cop

Monday, December 27th, 2010

Kagan's investiture ceremony

Here’s an LA Times article on how the addition of Sonia Sotomayor and Elena Kagan have given a shot of energy to the left in oral arguments before the Court.

Too soon to tell yet, but this article provides evidence for the much speculated upon theory that the addition of Kagan was an attempt by Obama to pick someone who could serve as a consensus builder, crafting middle ground positions that could bring Justice Kennedy away from the conservatives to meet with the liberal justices on a middle ground.

There is some evidence of this and the LA Times article shows the good cop-bad cop roles that Sotomayor and Kagan sometimes take on, with Sotomayor’s aggressiveness as a questioner serving as a counterweight to Scalia, and Kagan playing the role of a consensus builder in the middle left, attempting to bring Kennedy along.

This approach won’t be successful all the time, nor will it provide liberal outcomes in most cases, but it may temper some of the extremes of the Robert’s Court (which is the best the liberals might hope for barring some unexpected change in the composition of the court).