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Justices Of The Supreme Court Notes

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Justices of the Supreme Court

Elena Kagan:


Career o Law clerk for Thurgood Marshall of SCOTUS in 1988 o No courtroom experience o Professor at Harvard Philosophy o No writings about her interpretation of law o Accessible, inclusive and consensus building - similar to Scalia Cases o McCullen v Coakley - voted in favour of buffer zones around abortion clinics violating 1st Amendment o Riley v California - voted in favour of police needing warrants to search people's cell phones Other issues o Opposed 'don't ask don't tell' but defended it as law o Sure vote for gay rights o Wants judges to advance democracy, human rights and rule of law o Believes commerce clause doesn't apply to non-economic activities o Planned defence of Obamacare o Opposed military excluding gays from military service

Stephen Breyer:




Liberal leaning Anti-originalist - believes constitution should be interpreted for modern day Utilitarian - trying to do what is best for society Appointed by Clinton in 1994 Key issues o Pro-abortion o Pro-gun control o Role in reforming federal criminal sentencing procedure so that it doesn't apply to less serious offences o Thinks big government should enforce civil rights/ states don't enforce them o Respects Congress and rarely challenges decisions Rivalry with Scalia - opposing views

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