Elena Kagan won't talk about the Kavanaugh controversy, but she will talk about how the Court functions with only 8 Justices.

Kagan was speaking at UCLA law school on Thursday night, and she spoke with experience about the problem of an 8-Justice Court's vulnerability to 4-4 splits, since that is the situation her Court confronted for the year that passed between the death of Antonin Scalia and the swearing-in of Neil Gorsuch."None of us wanted to look as if the court couldn’t...

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