https://www.manhattancontrarian.com/blog/2022-7-5-how-to-think-like-a-liberal-supreme-court-justice
Probably you think that the justices sitting on the U.S. Supreme Court must be among the most intelligent people in the country. Granted, the mainstream press spends a lot of time denigrating the intelligence of the conservative justices. But surely then, the liberal justices must be really, really smart.
Consider Justice Elena Kagan. She was the Dean of the Harvard Law School. Then she became the Solicitor General of the United States. That’s the person in charge of arguing the government’s positions in the Supreme Court. You need to be really smart to do that job. So if you’re looking for someone who can teach you the thinking processes of the very smartest of the smart, there is no one better to look to than Elena Kagan.
With that in mind, let’s take a closer look at Justice Kagan’s dissent on behalf of the three liberal justices in the case of West Virginia v. EPA that came out just last week. That’s the case where the six conservative justices held that EPA lacked the authority under existing statutes to transform the electricity-generation sector of the economy. In my last post, I already quoted in full the second paragraph of Justice Kagan’s dissent. The first couple of paragraphs of an opinion are where a judge normally tries to encapsulate the essential gist of the argument, the reasoning that will capture the reader’s attention and immediately convince him of the rightness of the judge’s thinking. So let’s look at that paragraph again: