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Justice Brett Kavanaugh has been assigned to write the Supreme Court’s opinion in a case. After Justice Kavanaugh drafted the opinion and circulated it to the other justices, Justice Elena Kagan decides that she wanted to emphasize a particular point in the majority opinion. For that purpose, Justice Kagan will likely

2 Answers

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Final answer:

Justice Elena Kagan would write a concurring opinion to stress a particular point in the majority opinion drafted by Justice Brett Kavanaugh without altering the court's final decision.

Step-by-step explanation:

If Justice Elena Kagan wants to emphasize a particular point in the majority opinion authored by Justice Brett Kavanaugh, she will likely write a concurring opinion. A concurring opinion is a separate judicial statement in which a justice agrees with the majority's conclusion but offers different or additional reasoning. This enables Justice Kagan to highlight a specific aspect of law or policy she believes is important without changing the fundamental judgment of the court.

User Solidus
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4 votes

Justice Kagan would write a dissenting opinion to express her disagreement and emphasize specific points in the majority opinion drafted by Justice Kavanaugh. Here option C is correct.

If Justice Elena Kagan wants to emphasize a particular point in the majority opinion drafted by Justice Brett Kavanaugh, she is likely to write a dissenting opinion.

Writing a dissenting opinion allows a justice to express disagreement with specific aspects of the majority opinion and to highlight their own reasoning or emphasis on certain points.

This is a common practice when justices have nuanced differences in their views on a case. Option C, "Write a dissenting opinion," is the most appropriate choice in this context.

Complete question:

Justice Brett Kavanaugh has been assigned to write the Supreme Court’s opinion in a case. After Justice Kavanaugh drafted the opinion and circulated it to the other justices, Justice Elena Kagan decides that she wanted to emphasize a particular point in the majority opinion. For that purpose, Justice Kagan will likely. Which of the following actions is Justice Elena Kagan likely to take in order to emphasize a particular point in the majority opinion drafted by Justice Brett Kavanaugh?

A) Submit a separate concurring opinion

B) Request a private meeting with Justice Kavanaugh

C) Write a dissenting opinion

D) Add a concurring footnote to the majority opinion

User Rasilvap
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