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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: rfp1234

EXACTLY!!!!!!!!!!!!!!!!


41 posted on 09/13/2022 3:35:55 AM PDT by Maris Crane
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To: where's_the_Outrage?

“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.


42 posted on 09/13/2022 3:41:58 AM PDT by ChessExpert (Neither a Democracy nor a Republic. "I did that," Joe Biden.)
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To: laweeks

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.


43 posted on 09/13/2022 3:42:11 AM PDT by MayflowerMadam (Sometimes when you get to where you're supposed to be, it's too soon.)
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To: Steely Tom

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.


44 posted on 09/13/2022 3:46:04 AM PDT by alloysteel (A born skeptic is now living in a target-rich environment. SO many beliefs to challenge...)
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To: where's_the_Outrage?
“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,”

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.

45 posted on 09/13/2022 3:54:58 AM PDT by missnry (The truth will set you free ... and drive liberals crazy!)
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To: Republican Wildcat

No, Justice Kagan, justices lose legitimacy when they rule based on extortion example Roberts and obama and Obama care tax


46 posted on 09/13/2022 3:58:42 AM PDT by ronnie raygun
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To: where's_the_Outrage?

That woman is evil. I do not care about a single word that comes from her.


47 posted on 09/13/2022 3:58:49 AM PDT by MeneMeneTekelUpharsin (Freedom is the freedom to discipline yourself so others don't have to do it for you.)
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Translation:

“My messiah complex compels me to demand you evil conservative co-worker underlings to obey my every flick of the tongue.”


48 posted on 09/13/2022 4:01:09 AM PDT by USCG SimTech ( )
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To: where's_the_Outrage?

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.


49 posted on 09/13/2022 4:21:40 AM PDT by Baldwin77 (Super, Duper, Ultra Maga, subject of the Ultra Maga King Donald)
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To: lee martell

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.


50 posted on 09/13/2022 4:21:44 AM PDT by Machavelli (True God)
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To: where's_the_Outrage?

The homely little rug muncher is describing an Activist Court, EXACTLY what a DemonRat heavy SCOTUS would be.


51 posted on 09/13/2022 4:22:34 AM PDT by Feckless (The US Gubbmint / This Tagline CENSORED by FR \ IrOnic, ain't it?)
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To: where's_the_Outrage?
"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,”"

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.

52 posted on 09/13/2022 4:26:07 AM PDT by daniel1212 (Turn to the Lord Jesus as a damned+destitute sinner, trust Him who saves, be baptized + follow Him!)
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To: where's_the_Outrage?

They can’t forfeit their legitimacy. It’s conferred on them by the President and Congress.


53 posted on 09/13/2022 4:37:10 AM PDT by popdonnelly (All the enormous crimes in history have been committed by governments.)
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To: Redmen4ever

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


54 posted on 09/13/2022 4:49:08 AM PDT by slapshot (Coke wants me to act less white? Well I will not purchase Coke Products- Get woke go broke-)
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To: where's_the_Outrage?

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.


55 posted on 09/13/2022 4:51:02 AM PDT by T.B. Yoits
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To: where's_the_Outrage?
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.

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.

56 posted on 09/13/2022 5:23:02 AM PDT by Rummyfan (In any war between the civilized man and the savage, support the civilized man. )
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To: lee martell

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.


57 posted on 09/13/2022 5:31:22 AM PDT by atc23 (The Matriarchal Society we embrace has led to masks and mandates and the cult of "safety")
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To: where's_the_Outrage?

They did when they hired you and that new CRT nutcase, lady.


58 posted on 09/13/2022 5:32:18 AM PDT by dforest
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To: where's_the_Outrage?

you forfeited your legitimacy when you accepted the nomination simple because of the color of your skin and what’s between your legs!


59 posted on 09/13/2022 5:34:47 AM PDT by TexasFreeper2009
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To: lee martell

I have a feeling all this concern may be for a near future ruling.


60 posted on 09/13/2022 5:36:10 AM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
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