- Posted September 20, 2016
- Tweet This | Share on Facebook
Kagan says 8-member high court a problem over time

WASHINGTON (AP) - Justice Elena Kagan says the longer the Supreme Court is stuck with only eight members, the more it has to deal with the prospect of not being able to decide cases.
Kagan said in an appearance at Harvard Law School that the court has decided some cases only by narrowing the issue so much that it left undecided the real reason the court took up the dispute in the first place.
"Over time, that's a problem," she said.
The law school made a video of her Sept. 8 comments available last Friday.
The high court has been short a member since Justice Antonin Scalia died in February. President Barack Obama has nominated federal appeals court Judge Merrick Garland as a replacement, but Senate Republicans have refused to hold a hearing or a vote during Obama's last year in office.
Kagan gave credit to Chief Justice John Roberts for working to forge compromise on the court, now evenly split with four liberal and four conservative members. She said the justices would continue to find ways to resolve cases.
"But is that cost-free? No, it's absolutely not," she said.
Four cases ended in a tie after Scalia's death. That means the lower court decision remains in place without setting a nationwide precedent.
"A tie does nobody any good," Kagan said. "Presumably we're there for a reason. We're there to resolve cases that need deciding, answer hotly contested issues that need resolving, and you can't do that with a tie vote."
Published: Tue, Sep 20, 2016
headlines Oakland County
- Whitmer signs gun violence prevention legislation
- Department of Attorney General conducts statewide warrant sweep, arrests 9
- Adoptive families across Michigan recognized during Adoption Day and Month
- Reproductive Health Act signed into law
- Case study: Documentary highlights history of courts in the Eastern District
headlines National
- ACLU and BigLaw firm use ‘Orange is the New Black’ in hashtag effort to promote NY jail reform
- Judge accused of using ‘game or jail’ tactic, asserting abuse victims get ‘Super Bowl’ neurochemicals
- Prosecutor gets suspension for invading jury’s ‘inner sanctum’
- Lateral hiring bounced back in 2024, especially for associates in BigLaw, new NALP report says
- Refugee ban can’t be enforced against those who received conditional approval, 9th Circuit says
- ABA, more than 50 bar associations condemn ‘government actions that seek to twist the scales of justice’