Justice Kagan is Concerned About the Supreme Court's 'Legitimacy'

[livingston]

During a talk at Princeton University on Friday, Supreme Court Justice Elena Kagan expressed deep concern over the legitimacy of the Court after Justice Anthony Kennedy retired. Kagan is concerned that the "middle position" — also known as the unpredictable vote – is now gone and Kennedy could be replaced with someone (Judge Brett Kavanaugh) whose views fall more on the conservative spectrum.

Kagan explained that Kennedy and Sandra Day O'Connor did something important for the Court: they made it look "impartial and neutral and fair."

"Part of the Court's strength and part of the Court's legitimacy depends on people not seeing the Court in the way that people see the other governing structures of this country now," Kagan explained. "In other words, people thinking of the Court as not politically divided in the same ways. It's not an extension of politics, but instead somehow above the fray."

Kagan believes it's important for the Court to uphold that integrity, especially because we live in a deeply divided political climate.

"In the last, really 30 years, starting with Justice O'Connor and continuing with Justice Kennedy, there has been a person who found the center or people couldn't predict in that sort of way. That enabled the court to look as though it was not owned by one side or another and was indeed impartial and neutral and fair," Kagan said. "It's not so clear going forward. That sort of middle position, you know, it's not so clear whether we'll have it."
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Justice Kagan is Concerned About the Supreme Court's 'Legitimacy' if Kavanaugh is Confirmed

 

[livingston]

IF we has been saddled with 2 of Hillary's communist appointees ... We would not have heard a peep from her ..

 

[Calculon]

She demonstrates the problem and why she’s not fit to be a Supreme Court Justice. They’re not supposed to be politically biased at all but interpret the Constitution as written.

 

[libertysnake]

To be honest, the supreme court is useless. It's the one mistake the founding fathers made to be naive enough to believe the court wouldn't be political, and would actually enforce the bill of rights as written.

Instead, it's a shit show of politics as usual. We traded one king for nine.

 

[Saltwater60]

Then retire.

 

[1911guy]

It is the integrity. or lack of integrity, of the individual members of the Court that determines the validity of the interpretations of the Constitution. I believe that Kagan's concern is that the left is losing its majority on the court. The loss of the "unknown" jurist is really her excuse to demean a new jurist who is dedicated to follow the Constitution.

 

[pjzwtl]

Basically if you believe words mean things and those words written with the meaning and intentions at the time they were drafted are solid law and not an evolving text to be interpreted as you see fit your not impartial? What a twatwaffel

 

[Catskillkid]

So where do you lie on this spectrum, Justice Kagan? Why aren't YOU being the one to be the unpredictable vote in the middle if that so concerns you.

 

[Mosinitis]

We will see if the court will do anything about defending the 2nd amendment besides token gestures. There is no reason for drastically different gun laws in different states. We don't have that for any other rights.

 

[Steal2B]

Kagan clearly confirmed that she should not be serving on the Court when she treats the Supreme Court's mission as a neighborhood sporting event with sides and loosey goosey house rules subject to gamesmanship or politics. It is infuriating and unacceptable that Kagan's mind fails to grasp that religiously following the Constitution is top dead center for the court and is the only allowable position for each and every justice without exception.

 

[Cooolone]

So I guess all those court decisions along party ideologies is somehow or another a coincidence and the concern is that the sway will now favor one side, a side Kagan doesn't align with.

Awwwww.... Snowflakes are even at the top of the heap! Everything is ok when it's going their way, but oh boy, how the crying towels come out, not when something happens, ie, an actual ruling, but the hypothesizing of something happening! Fear! Such fear... And really, just commenting on it at all publicly eliminates impartiality...

All I gotta say is too freaking bad! Suck it up buttercup!

 

[Celt]

To have a justice say something like this shows she is not impartial.

 

[prambo]

As far as anything "The 3 Whores of SCROTUM" say......

 

[nortatoga]

 

[holdover]

This is more serious than you think. If a large group of people feel that the court is illegitimate ,and the president is illegitimate, There is going to be problems. The sovereign citizens who are made up a small amount of people Who do not recognize the police or the court constantly cause serious problems.

A large body of people who refuse to recognize the authority of the government Are going to be a serious problem .

 

[libertysnake]

A large body of people who refuse to recognize the authority of the government Are going to be a serious problem .

They already are a problem. The government allows Cuomo and Brown to pull down their pants and take a shit on the bill of rights regularly.

If the feds had balls, they'd bring charges against governors. This country needs to start setting precedent with regard to state leadership which refuses to comply with the laws set forth in the union. The south tried to do it, and we fought a war. The fact that we let governors do it is appalling.

The problem is, once again, that since the highest court in the land is politicized, there won't be charges brought against state officials. Governors are effectively local warlords at this point in our history.

 

[Carlos Hathcock]

The Supreme Court is composed of judges, and those judges are human. Their brains will interpret the Constitution based on a number of factors. You cannot divorce your opinion as a judge with respect to the meanings and intent of those words.

 

[Robin]

Have another box of donuts you dim bulb.
Robin

 

[Shadow2]

Wasn't that us just a few years ago? Seems like both sides of the Isle are a bit tired of too much government.


[QUOTE="A large body of people who refuse to recognize the authority of the government Are going to be a serious problem .[/QUOTE]

 

[Acer-m14]

Justice Kagan .. your rulings should be based on the Constitution and the papers they written before it .. BTW are you even legal here ..

 

[Phazer]

By expressing concern that the "middle vote" may be lost after Kennedy is replaced, Kegan confirms that she is a partisan on the court who is not part of the middle.

 

[kev74]

Kagan has really let herself go.

 

[Dr. Evil]

If she was truly that concerned with the "Legitimacy" she would take herself off of the court.

 

[Dr. Evil]

A large body of people who refuse to recognize the authority of the government Are going to be a serious problem .

Funny, law abiding gun owners don't seem to be a serious problem to the government. We play by the rules for the most part. The left doesn't.