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Home Front: Politix
Justice Kagan is Concerned About the Supreme Court's 'Legitimacy' if Kavanaugh is Confirmed
2018-10-07
I agree! She is now 'illegitimate' and must quickly resign from the court.
[Townhall] 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."
Posted by:Besoeker

#19  Is she saying appearances are more important than the Constitution? A supreme court justice actually said that?
Posted by: rjschwarz   2018-10-07 22:31  

#18  When the four libs vote in lockstep, the conservatives should do the same. That would be 99% of the time
Posted by: Frank G   2018-10-07 09:32  

#17  #14 Flamethrowers for home defense. Might need them in this day and age.
Posted by: JohnQC   2018-10-07 08:25  

#16  you have one job. speak only when appropriate.
but we all know leftists can't resist flapping their gums
Posted by: Bob Grorong1136   2018-10-07 08:16  

#15  Ref #14: Varoom, varoom, clank, clank, clank.

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Posted by: Besoeker   2018-10-07 07:50  

#14  Ya know, I'm beginning to think whether I've been right to oppose this "living Constitution" bullshit all these years. See my forthcoming article, "Penumbras of the Second Amendment: The M1A2 Abrams As A Militia Weapon".
Posted by: Matt   2018-10-07 07:48  

#13  They appear to have Roberts as the middle/unpredictable vote.
Posted by: Glenmore   2018-10-07 07:29  

#12  I would argue that it may be legitimate now that Kavanaugh is appointed. But only time will tell. The court should have been leaning conservative for years yet seemingly conservative judges actually leaned left. If Kagan wants a middle of the road justice then she is more than welcome to fill that role.
Posted by: Airandee   2018-10-07 06:52  

#11  I believe Kagan has just made the basis of recusal to any Trump cases before the court. Throw in Ginsberg's comments during the election, that's two recusals. Now let's talk about 'legitimacy' if you don't.
Posted by: P2kontheroad   2018-10-07 06:18  

#10  Kagan's a pig. And, oh, BTW, how did her nomination process go?
Posted by: DooDahMan   2018-10-07 04:56  

#9  Elections have consequences.
Posted by: g(r)omgoru   2018-10-07 02:10  

#8  Kagan was the Dean at Harvard Law School who hired Kavanaugh to teach 100s of law students during the past 11 years. Now, she questions whether he should be on SCOTUS for political reasons? Where's the blind lady of justice? Damned leftist idealogues!
Posted by: JohnQC   2018-10-07 01:04  

#7  Somehow I doubt Kagan would be voicing any objections at all if Hillary (spit) had won and appointed two more hard left ideologues to the Court.

File this one under "the lamentations of their women."
Posted by: PBMcL   2018-10-07 00:46  

#6  The problem with that is Congress is not filled with Trumps; that's why it won't happen. That said, I'm happy with the small brass balls that the Senate GOP developed over the past few weeks. Grassley gets the big pair out of the bunch.
Posted by: Raj   2018-10-07 00:42  

#5  Maybe the Republicans should impeach and remove Kagan and the other one. What's fair for them is repair for us
Posted by: Silentbrick   2018-10-07 00:31  

#4  ...and Kennedy could be replaced with someone (Judge Brett Kavanaugh) whose views fall more on the conservative spectrum.

You mean has been replaced. And if your goon squads didn't go after Kavanaugh like you did, there would have been a chance that would still be the case. Instead, you'll get someone as far to the right as Clarence Thomas, if not more so, and for the same reason, for at least thirty years.
Posted by: Raj   2018-10-07 00:26  

#3  Maybe a beer summit will help. No witnesses this time.
Posted by: Ebbavirt Clunk4147   2018-10-07 00:15  

#2  *Spit!* The classic natterings of an ideologue -- "You are can only be 'moderate' if you agree with ME!"
Posted by: magpie   2018-10-07 00:12  

#1  If she's so worried about it why doesn't she provide that middle position vote?
Posted by: AlmostAnonymous5839   2018-10-07 00:07  

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