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Notice how she neglects to mention the Constitution. That needs to be the overriding precedent, not established law (AKA case law) where bad precedent snowballs into more anti-Constitutional BS (e.g., US GVT redefining marriage, blurring the lines between male and female, etc.)
1 posted on 09/12/2022 11:03:36 PM PDT by where's_the_Outrage?
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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: 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: 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: where's_the_Outrage?

Brown V. Board of Education forfeited the Court’s legitimacy? Well well...


61 posted on 09/13/2022 5:38:19 AM PDT by Demiurge2 (Define your terms!)
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To: where's_the_Outrage?

Been illegitimate for about 70 years.


62 posted on 09/13/2022 5:42:14 AM PDT by kvanbrunt2
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To: where's_the_Outrage?

So Kagan doesn’t believe in “democracy” ... puts her at odds with FJB.


63 posted on 09/13/2022 5:43:03 AM PDT by glennaro (Live life unbullied and unafraid. Choose to ignore or fight the irrationality that surrounds you.)
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To: where's_the_Outrage?

So decisions that she doesn’t agree with are wrong. Okey dokey


67 posted on 09/13/2022 6:38:53 AM PDT by 1Old Pro
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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”

Like when they refuse to recuse themselves from the Obamacare ruling despite having worked on Obamacare prior to being a Justice?

68 posted on 09/13/2022 6:47:45 AM PDT by liberalh8ter (The only difference between flash mob 'urban yutes' and U.S. politicians is the hoodies.)
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To: where's_the_Outrage?

Bring back “Separate but Equal.” We wouldn’t want to shock the system....


70 posted on 09/13/2022 8:38:50 AM PDT by Organic Panic (Democrats. Memories as short as Joe Biden's eyes.)
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To: where's_the_Outrage?

Three months later. Is this about Roe or something else that’s coming down the pike?


71 posted on 09/13/2022 9:24:29 AM PDT by paddles ("The more corrupt the state, the more it legislates." Tacitus)
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To: where's_the_Outrage?

Any court with unqualified political hacks like her and her fellow Democrat nominated affirmative action judges can easily loose legitimacy in the eyes of everyone who has ever read the Constitution!!!


72 posted on 09/13/2022 9:52:19 AM PDT by PortugeeJoe
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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.”

From that - if she was not a hypocrite - she could be saying that overturning Plessy v. Ferguson (as was done by Brown v Board of Education) was wrong (Plessy v Ferguson defended “separate but equal” segregationist laws).

But we know she is a hypocrite and what she really meant was SCOTUS decisions that overturn precdedents are only political when she says they are.


73 posted on 09/13/2022 10:25:40 AM PDT by Wuli (uires )
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To: where's_the_Outrage?

Notice she doesn’t mention the gay marriage ruling which changed all of recorded history.


74 posted on 09/13/2022 10:34:13 AM PDT by packrat35 (Pelosi is only on loan to the world from Satan. Hopefully he will soon want his baby killer back)
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