SHE'S A REPUBLICAN APPOINTEE:

Justice Elena Kagan shocked the world on Monday when she joined a dissent by Justice Samuel Alito that would've made Robert Bork proud. In Ramos v. Louisiana, Alito contested the Supreme Court's 6-3 decision striking down split verdicts, which allow conviction by a nonunanimous jury. Kagan, a Barack Obama appointee, typically sides with the court's liberal wing on civil rights and criminal law. Yet here she was, joining a reactionary dissent defending an unjust practice rooted in bigotry. Civil libertarians were understandably disappointed, baffled, angry, skeptical, and saddened.

Kagan's vote in Ramos really shouldn't have come as a surprise: The justice crosses ideological lines in divided decisions more frequently than any of her liberal colleagues do. She's also a pragmatist with a fierce commitment to precedent who will follow her principles even when they lead to an outcome she dislikes. 

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