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Kagan, Sotomayor Breathe New Wind Into Liberals' Sails

'Passionate' Sotomayor, bridge-building Kagan aren't shy during oral arguments

By Polly Davis Doig,  Newser Staff

Posted Dec 26, 2010 11:06 AM CST

(Newser) – It's a bit like Mean Girls: Supreme Court Edition: After decades of the conservative tongue-lashings of Antonin Scalia dominating oral arguments as liberal justices sat on their hands, new kids Sonia Sotomayor and Elena Kagan are unabashedly adding their voices to the melee. "Slow down from the rhetoric," Sotomayor told a conservative lawyer before the court; she then launched into what the LA Times calls a "withering discussion" of the case at hand.

"Once she gets going, she can dominate the argument," says the lawyer on the receiving end. "In that sense, she is closer in style to Justice Scalia." Kagan is more measured, often waiting til well into arguments to weigh in and build bridges. But she's no less frank, recently tweaking Scalia for being snide—even as she validated his point. "They're clearly on a roll," says a lawyer who argues routinely before the court. "They are engaged and really active. It just feels like a different place."

Retired Justice Sandra Day O'Connor, Justice Sonia Sotomayor, Justice Ruth Bader Ginsburg and Justice Elena Kagan in the Justices' Conference Room prior to Kagan's Investiture, Friday, Oct. 1, 2010.
Retired Justice Sandra Day O'Connor, Justice Sonia Sotomayor, Justice Ruth Bader Ginsburg and Justice Elena Kagan in the Justices' Conference Room prior to Kagan's Investiture, Friday, Oct. 1, 2010.   (AP Photo/Steve Petteway, Supreme Court)
In this Oct. 1, 2010 file photo, the women of the Supreme Court: Justices Sonia Sotomayor, Ruth Bader Ginsburg, and Elena Kagan.
In this Oct. 1, 2010 file photo, the women of the Supreme Court: Justices Sonia Sotomayor, Ruth Bader Ginsburg, and Elena Kagan.   (AP Photo/Steve Petteway, Supreme Court, File)
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COMMENTS
Showing 3 of 23 comments
Riffran
Dec 28, 2010 1:38 AM CST
new wind into liberal sails....now thats funny...more like liberal flatulence.....must be doing the dutch oven under those gowns
TessTalks
Dec 27, 2010 12:35 PM CST
WOW! I could't be happier that these women are on the Supreme Court.
matthew
Dec 27, 2010 9:48 AM CST
Further blurring of the gender lines...
 

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