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 ...
EXACTLY!!!!!!!!!!!!!!!!
“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,”
Too late. That advice should have been offered a long time ago, perhaps before she was born. It’s time for a Mea Culpa from the Supreme Court (and liberals). We should recognize that courts have been proceeding illegally for decades. We should rely on the Constitution, not the courts.
Does she understand that when RvW was put in place in the ‘70s, THAT was overnight precedent?
Anyhow, what she said is mostly true. Too bad she doesn’t believe it or follow it herself.
Justice Kagan is doing her level best to take the legitimacy of the entire Supreme Court down with her.
She (?) would have been one of my top three suspects to have released the Dobbs decision before it was officially announced.
The Constitution is the law of the land... Kagan is NOT a Supreme court justice. She is a Supreme court political activist. She does not have the ability to judge rightly on the court because all of her rulings will be on "feelings" and not facts. She will defer all of her actions to the political gods and not the God of heaven. She and the political activists on the court cannot even define what a woman is! They cannot define what a human life is. These activists are a court of jesters in black robes. They are not fit to judge correctly.
No, Justice Kagan, justices lose legitimacy when they rule based on extortion example Roberts and obama and Obama care tax
That woman is evil. I do not care about a single word that comes from her.
Translation:
“My messiah complex compels me to demand you evil conservative co-worker underlings to obey my every flick of the tongue.”
So she’s suddenly concerned when the decision doesn’t go her way. Got it.
Hate to tell her but, that ship sailed decades ago.
We know that she is a partisan. These Democrats act righteous but they are just plain EVIL. If she were virtuous, she would do some inner reflection and recuse herself on cases that she is already biased against.
The homely little rug muncher is describing an Activist Court, EXACTLY what a DemonRat heavy SCOTUS would be.
Meaning as with Obergefell v. Hodges Justice Scalia stated that the majority's Equal Protection analysis was “quite frankly, difficult to follow" and “fails to provide even a single sentence explaining how the Equal Protection Clause supplies independent weight for its position." " The ruling was nothing more than a "naked judicial claim to legislative — indeed, super-legislative — power; a claim fundamentally at odds with our system of government." "A system of government that makes the People subordinate to a committee of nine unelected lawyers does not deserve to be called a democracy." - http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf Even Roberts dissented, while in more activism, there is The Obamacare "Tax" That Chief Justice Roberts Invented.
They can’t forfeit their legitimacy. It’s conferred on them by the President and Congress.
Fat judge in a little robe.
If she had any shred of integrity, she would recuse her/zi/zer self from any cases related to Ocare since she was Solicitor General for Dear Leader when Ocare was being formulated.
But being a member of the Progressive Hive, morals just get in the way of the end result
Yet a Supreme Court Justice (Ketanji Brown) hears cases when she can’t define a woman because, as she said, she’s not a biologist.
What can one say about such blatant hypocrisy?! If she was truly concerned, she would have recused herself from the decision on Obamacare, just as one example.
It’s certainly the abortion decision and possibly she knows gay marriage is next. Gay marriage isn’t the federal government business and she knows that decision was pure politics to score points for a gay president and rub the right’s nose in it.
They did when they hired you and that new CRT nutcase, lady.
you forfeited your legitimacy when you accepted the nomination simple because of the color of your skin and what’s between your legs!
I have a feeling all this concern may be for a near future ruling.
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