She doesn't get that. Which means she's an ideologue, knows it but doesn't know why that's a problem.
Interesting that only Republican appointees serve as swing votes.
““It’s not so clear, that I think going forward, that sort of middle position — it’s not so clear whether we’ll have it,” Kagan said.”
They have Roberts as the swing vote.
She is speaking for the communist progressives. When the court was weighted “left” the swing vote kept it moving left as a drift anchor always pulling left amongst the three branches. With a solid constitutional bias, the leftists will call the court as Out of Center, or out of balance and THEREFORE able to be ignored and de-legitamatized by the other branches in the leftist world.
I believe a similar point was made by an article earlier today in a post. I will try and link that thread if I come across.
My point is that Keagan is setting out the party line from now on. The progressive marching orders, if you will.
Their idea of the procedure to be used to fight a constitutional court will be to claim it is not centered and no longer honor its decisions. This whole thing revolves around something that many conservative constitutional scholars have revolted against: Judicial Supremacy.
Judicial Suprremacy (Conservapedia)
US Supreme Court Building
Judicial Supremacy is the liberal, elitist view that courts are “supreme” over the other two branches of government and the Constitution, and that courts have the authority to tell the president and Congress what they may or may not do. As explained by Phyllis Schlafly in her classic book on the topic, The Supremacists (2nd Ed. 2006):[1]
“ Textbooks still say that we have three balanced branches of government – but textbooks are badly behind the times because one branch has assumed authority over the other two. Today, we are suffering from the oppressive rule of judicial supremacists who have replaced the rule of law with the rule of judges.
Well, once the Court no longer has that one swing vote that made the Rehnquist Court tolerable after the liberal supremacy of the Warren Court, the Leftists will use our objection to the Court’s power against us and if they get control of Congress or the Executive again they will IGNORE the court.
That analysis does not look enough at history however. The original left, on the plains in France, relied upon a Kryptonite call the Will of the People. My prediction is, the left goes back to its roots and goes beyond the supremacy doctrine. When the Left wants to ignore the Court, they will start all new methods of tapping into their special feeling of understanding of The Will of the People. It will resemble the analysis of Thomas Sowell in The Vision of the Anointed. They will claim special access and knowledge of the Will of the People because they are the Ones that Care.
Get ready for the next two decades.
“If justices followed the Constitution there would be no swing votes.”
‘
You took my comment. I’ll amend it to ‘any justice who swings away from the Constitution should be impeached.’
That is correct!
Hey Kayan, why don’t you become the swing vote!
Maybe she should retire then, seeing
as how she thinks her decisions won’t
have any sway in the court.
It’s going to be fun to watch when
President Trump has the opportunity
to appoint another Justice. RGB ain’t
gonna last much longer.
Roberts is taking over the Kennedy swing seat, bet on it.
JFC these people are stupid.
Where is the outrage for this -itch making a purely political statement. Oh, and if she wasn’t so political she could be the swing vote. Right, you can stop laughing any time.
It must be just KILLING HER that someone who CLERKED for her is now sitting NEXT to her on the Supreme Court!
Thank You, God! Thank You, President Trump! *SMILING*
Best. Election. Ever. EVER! MAGA!
There! Fixed it!
That’s right.. As ObaMAO once said.. Elections have consequences.
Is she not sure if she’s a man or woman?
Wait until the court is 6-3. Hillary would have that with this nominee and Kagan would not say a word.
Speaking of “too partisan to be on the Court”.....
That’s kind of the f****** point, my dear Justice.
L
So I guess Kagan is admitting she’s a political hack and votes liberal all the time?