Justice Kagan Seems To Allude To The Middle Is Gone From The Supreme Court

“Starting with Justice O’Connor and continuing with Justice Kennedy, there has been a person who people — who’s found the center or people couldn’t predict in that sort of way,” she said. “It’s not so clear that, you know, I think going forward, that sort of middle position, you know, it’s not so clear whether we’ll have it.”

Justice Kagan did not mention Supreme Court nominee Brett Kavanaugh by name but her comments came on the same day as Sen. Susan Collins‘ announcement made it very likely the GOP has the votes to push his nomination through securing his SCOTUS seat.

Weighing in on Kagan’s remarks, CNN’s Supreme Court analyst Joan Biskupic explained that it seems that Kagan is aware “the middle is gone right now, as it used to exist.”

Biskupic further pointed out that even before O’Connor and Kennedy “we always had this sort of steadying influence at the center so the court didn’t swing too far to the left or too far to the right and without Anthony Kennedy, we don’t have that kind of middle as we know it.”