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Detailed text transcripts for TV channel - FOXNEWS - 20101004:16:36:00

Jobs. the fbi is not indicating they believe this one was. jenna: interesting to watch. phil, thank you very much, phil keating live in florida, thank you. all right. jon: a day of firs firsts at the u.s. supreme court, the first day of the fall session begins today. also the first day for the newest justice, elena kagan. and for the first time ever, the highest court in the land will include three women, but analysts say kagan could be sidelined because of her previous work with the court. james rosen, live at the u.s. supreme court, he has more for us. why will justice kagan be less of a presence in her first term 1234. jon, good afternoon. justice kagan has agreed to withdraw or recruise herself from 25 of the 53 cases that the supreme court has already agreed to hear this term and we expect to see more cases added to the docket. during her confirmation hearings this past summer, kagan told the senate she would not participate inthy case in which she was, quote, substantially ....

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Detailed text transcripts for TV channel - FOXNEWS - 20101004:16:37:00

Involved as u.s. solicitor general. in that position, to which she was nominated by president obama, it was kagan who decided which case the united states government would argue before the supreme court, thus, these recusals are aimed at disspelling any potential conflicts of interest. now, this means that many cases this term will be heard by only eight justices, leaving open the strong possibility that there will be ties in the rulings of 4-4. in such cases the opinion of the lower court is affirmed and no new precedent is set. we spoke with one former staff lawyer of the solicitor general s office to see how the justices themselves approached those situations. the court does not want to waste not only the party s time but their own time in doing everything just to have a 4-4 decision, but nothing in the law will have changed. so i do think those eight are going to try to get together and come up with decisions. justice kagan had to leave the bench quietly when the second case ca ....

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Detailed text transcripts for TV channel - FOXNEWS - 20101004:15:47:00

Controversial court are heard even if they re argued at the beginning, and in two of these cases, one we re talking about will be argued two days from now, there will be dissents, concurring opinions, controversial cnny controversy inside the court and unless i m wrong about that, unless it s unanimous that delays it and it usually runs up until they retire for the summer in june. jenna: the fact that elaine kpwra kagan might not be ekwhraeupb kagan might be might not be part of the case social security there, and the court is divided among party lines, we could see ties in these situations talk us through that. we only have 30 seconds but talk us about that. in any case where there s only eight justices sitting you could get a 4-4 tie. the effect of that is, whatever the lower court decided from which the appeal is coming, that stands as the law of the case and it could have an important impact here, for example, there are ....

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Detailed text transcripts for TV channel - FOXNEWS - 20101004:16:38:00

The justices this morning. i had the privilege of being in the courtroom at 10:00 eastern time sharp when the marshal said oyes and the justice kagan seemed very much at home, staring serenely ahead. jon: she can ease her way into the court work load, i guess. one of the cases on the supreme court docket that is getting all kinds of attention, schneider versus phelps. tell us about the that case. this is what lawyers call a spree speech free speech case, the father of a marine who died in iraq is suing members of a small church in kansas whose members actually protested at the fallen marine s funeral service. the protestors who consider homosexuality a sin carried signs with messages reading things like, quote unquote, god hates fags, even though lance corporal matthew schneider was not gay, the snyder family won an ....

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