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 ...
Brown V. Board of Education forfeited the Court’s legitimacy? Well well...
Been illegitimate for about 70 years.
So Kagan doesn’t believe in “democracy” ... puts her at odds with FJB.
SCOTUS forfeited its legitimacy in 1973.>>>. Glenshaw glass rewrote the constitution in 1952/3. Defined income as appetence to wealth. A penumbra. Which helps destroy lives and families now. The beast starves without the illegitimate money grab.
If a Supreme Court Justice or any other judge can’t understand that The Constitution is the basic law of the land, then they are not worthy of the position they are in. Their decisions MUST be based on that.
If a Supreme Court Justice or any other judge can’t understand that The Constitution is the basic law of the land, then they are not worthy of the position they are in. Their decisions MUST be based on that.
So decisions that she doesn’t agree with are wrong. Okey dokey
Like when they refuse to recuse themselves from the Obamacare ruling despite having worked on Obamacare prior to being a Justice?
IOW, Kagan doesn't belong on the SCOTUS.
Bring back “Separate but Equal.” We wouldn’t want to shock the system....
Three months later. Is this about Roe or something else that’s coming down the pike?
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!!!
“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.
Notice she doesn’t mention the gay marriage ruling which changed all of recorded history.
‘Kagan is an activist first and somewhere down the line she’s a judge but not a very good one.’
No, she was a clerk for a (Supreme Ct justice?), she was in a law school in a responsible position, a counsel, or similar, in the Clinton White House, but not a Judge. Ever.
True. She’s a Justice now, a political appointment, but never a judge.
Thanks for clarifying that.
Yes, that is the question that should be thrown at the RATS when they play their stare decisis games during confirmation hearings yet no one on our side ever does.
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