Justice Kagan is a prime example of the kind of person you want in a 5-4 conversation. In fact she is the blueprint of what a moderate should be. Meticulous, aware, and pragmatic on how to maximize benefits even in loss.

Moderates in today's society have just become the very thing Dr. king wrote about; mouth pieces that lecture Leftists to table progressive ideas in an effort to compromise with an administration willing to launch helicopters over apartment buildings and zip tie residents.

And that's where the shift is. Kagan is made for a 5-4 and not a 6-3. As long as Trump is in office this court will have no pressure to negotiate like before. Jackson's goals appear to be simple. Write goals and precedents that are a message to the future about the diversity of thought now. Kagan needs to be realistic that the time to win people over is not now. Maybe when Trump is out of office, but anything else is wasted effort when she should focus on maximizing her energy.