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Justice Kagan cautions Supreme Court can forfeit legitimacy
AP ^ | Sept 12, 2022 | MARK SHERMAN

Posted on 09/12/2022 11:03:36 PM PDT by where's_the_Outrage?

WASHINGTON (AP) — Supreme Court Justice Elena Kagan on Monday cautioned that courts look political and forfeit legitimacy when they needlessly overturn precedent and decide more than they have to.

Speaking less than three months after a five-justice conservative majority overturned Roe v. Wade's constitutional guarantee of abortion access, Kagan said the public's view of the court can be damaged especially when changes in its membership lead to big changes in the law.

She stressed that she was not talking about any particular decision or even a string of rulings with which she disagreed.

Still, her remarks were similar to points made in dissenting opinions she wrote or contributed to in recent months, including in the abortion case.

“Judges create legitimacy problems for themselves ... when they instead stray into places where it looks like they’re an extension of the political process or when they’re imposing their own personal preferences,” Kagan said at Temple Emanu-El in New York. The event was livestreamed.

(Excerpt) Read more at msn.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: blackrobedclown; cancelculture; caselaw; constitution; doublestandard; joodge; kagan; marksherman; obamastooge; scotus; stoogejudge; subversive; thestoogelawsplains
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To: where's_the_Outrage?

Who leaked the Roe Vs Wade opinion elena?

Heh? Heh?

John Roberts covering for you?


21 posted on 09/13/2022 1:17:40 AM PDT by Chuck N
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>> when they needlessly overturn precedent and decide more than they have to

STFU, Mark


22 posted on 09/13/2022 1:20:14 AM PDT by Gene Eric (Don't be a statist!)
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To: where's_the_Outrage?

This ‘wise Latina’ forfeits her legitimacy each time she rules on a case. Like others, she has no concept of the words written in our Constitution. Not fit to judge a dog
show, yet we’re stuck with her for life (her’s).

‘The WON’ appointed her
as he felt she had the ability to change the minds and opinions of others.


23 posted on 09/13/2022 1:27:03 AM PDT by V K Lee (Our CONSTITUTION. Written with DIVINE assistence by very wise men. A document unlike any other.)
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To: where's_the_Outrage?

What about justices Blackmun, Brennan etc.
They were absolutely apolitical, always following law and precedents!
NAY!!!


24 posted on 09/13/2022 1:34:59 AM PDT by AZJeep
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To: where's_the_Outrage?

“Illegitimate” is just a word people use as an excuse to ignore legal procedure.


25 posted on 09/13/2022 1:37:18 AM PDT by Mr. Blond
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To: where's_the_Outrage?

“She stressed that she was not talking about any particular decision or even a string of rulings with which she disagreed”

IOW, she’s making it up as she goes along.


26 posted on 09/13/2022 2:21:00 AM PDT by equaviator (There's nothing like the universe to bring you down to earth.)
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To: where's_the_Outrage?

Panic, I smell PANIC, and I love it.


27 posted on 09/13/2022 2:33:06 AM PDT by stockpirate (Where Justice Ends Tyranny Begins...Repression Breeds Violence)
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To: where's_the_Outrage?
This Evil Barry the Kenyan Bull Dyke never was Qualified for the position .
Gay Boy Democrat Linda Gramnesty and CCP Mitchy Poos did not care .
Dem run both parties since McCarthy is just a devious and Evil Dem too
28 posted on 09/13/2022 2:35:57 AM PDT by ncalburt (they Gop DC Globalists are the evil )
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To: lee martell

It truly is primarily because of the Abortion ruling.
Perhaps a fraction of concern for future 2nd Amendment rulings down the road.
Because if their precious Abortion got tossed, they know Guns will be saved.


29 posted on 09/13/2022 2:36:57 AM PDT by David Chase
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To: where's_the_Outrage?

Roe v wade didn’t give a constitutional right to abortion, only the constitution can do that. The roe v wade decision gave us exactly what she is warning about.


30 posted on 09/13/2022 2:38:23 AM PDT by exnavy (Grow your faith, and have the courage to use it.)
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To: where's_the_Outrage?

Personally, I never understood the left screaming about the court “forfeiting their legitimacy”. What does that even mean anyway? The court’s “legitimacy” comes straight from the US Constitution. They have the same powers and authority whether every single liberal feels they are legitimate or not. Unless the same left that is always screaming about Conservative “insurrection” is claiming that they are going to start ignoring Supreme Court rulings just because they have arbitrarily decided the court is no longer legitimate.


31 posted on 09/13/2022 2:57:15 AM PDT by apillar
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To: where's_the_Outrage?

So if the Supreme Court is Left-wing, everything is fine. But if the Supreme Court is Right-wing, it’s illegitimate, got it.


32 posted on 09/13/2022 2:59:14 AM PDT by EvilCapitalist (81 million votes my ass.)
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To: where's_the_Outrage?

She never sat on the bench before this job. Not legitimate, she’s a political hack.


33 posted on 09/13/2022 3:01:33 AM PDT by Vision (Elections are one day. Reject "Chicago" vote harvesting. Election Reform Now. Obama is an evildoer.)
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To: where's_the_Outrage?

That’s hilarious. It didn’t forfeit its legitimacy when the Warren Court was issuing a whole slew of Leftist rulings without any constitutional foundation? Oh but NOW this is suddenly a concern......for Leftists.


34 posted on 09/13/2022 3:07:04 AM PDT by FLT-bird
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To: where's_the_Outrage?
...needlessly overturn precedent...

Precedent usually is just so much judge-made law. screw.the.courts.
35 posted on 09/13/2022 3:07:43 AM PDT by ComputerGuy (Heavily-medicated for your protectio)
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To: where's_the_Outrage?

Needlessly? Yikes. As long as these folks follow constitutional law… like acknowledging states right , the court won’t need to worry about going the way of the CIA FBI and DOJ and losing all sense of legitimacy. Look to them if you want to see needless mocking of precedents


36 posted on 09/13/2022 3:13:59 AM PDT by MrRelevant
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To: where's_the_Outrage?
AP = Always Propaganda
37 posted on 09/13/2022 3:28:36 AM PDT by Texas Fossil ((Texas is not where you were born, but a Free State of Heart, Mind & Attitude!))
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To: where's_the_Outrage?

The Commerce Clause is another issue that has severely damaged the nation, by expanding the reach of Congressional power beyond what the Founders ever could have imagined.


38 posted on 09/13/2022 3:30:29 AM PDT by PghBaldy (12/14/12 - 930am -rampage begins... 12/15/12 - 1030am - Obama team scouts photo-op locations.)
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To: where's_the_Outrage?

The supreme court has already forfeited its legitamecy when they “voted” to make all of the New Deal, Roe vs. Wade, the Civil Rights act, the National Firearms Act, and many other things somehow constitutional.


39 posted on 09/13/2022 3:32:09 AM PDT by joma89 (Buy weapons and ammo, folks, and have the will to use them.)
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To: where's_the_Outrage?
Justice Kagan cautions Supreme Court can forfeit legitimacy

And exactly why does she believe she's there?

40 posted on 09/13/2022 3:33:11 AM PDT by Caipirabob (Communists...Socialists...Fascists & AntiFa...Democrats...Traitors... Who can tell the difference?)
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