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Home Front: Politix
Kagan warns Supreme Court will lose legitimacy if it strays from 'public sentiment'
2022-07-24
[WASHINGTONEXAMINER] The Supreme Court
...the political football known as The Highest Court in the Land, home of penumbrae and emanations...
 may lose its legitimacy if it strays too far from public sentiment, according to Justice Elena Kagan.
Oh, an elected position? That would imply term limits. I say we start with her. Bye
Kagan, a liberal judge appointed to the court in 2010 by former President Barack Obama
I inhaled. That was the point...
, tied the standing of the court to its "connection to the public," noting it could be dangerous if people continue to view Supreme Court justices as increasingly partisan, likely an allusion to the recent contentious court term that saw the overturning of Roe v. Wade and an expansion of gun rights.

"I’m not talking about any particular decision or even any particular series of decisions, but if over time the court loses all connection with the public and with public sentiment, that’s a dangerous thing for a democracy," Kagan said at a judicial conference in Montana.

Public approval ratings of the Supreme Court have plummeted in recent months, with only 38% of the country saying it approved of its performance, according to a Marquette Law School poll. The latest numbers are a dramatic drop from last summer when a similar poll showed a 60% approval rating, compared to 39% who disapproved.

People now view the court as more conservative than it did a year ago, with 67% describing it as very or somewhat conservative compared to just 56% who said the same in May, according to the poll. To maintain its legitimacy, the court must ensure its decisions are impartial, Kagan said.

"Overall, the way the court retains its legitimacy and fosters public confidence is by acting like a court, is by doing the kinds of things that do not seem to people political or partisan," she said.
Related:
Elena Kagan: 2022-06-16 Gorsuch goes woke and joins the libs yet again…
Elena Kagan: 2021-08-25 U.S. Supreme Court requires Biden to revive Trump-era 'remain in Mexico' immigration policy
Elena Kagan: 2021-06-24 Supreme Court rules police can NOT enter a home without a warrant even if they are in 'hot pursuit' of a misdemeanor suspect except in unspecified 'emergencies'
Posted by:Fred

#14  Obviously she doesn’t know that the majority of Americans are against abortion and the EPA and for the second amendment
She doesn’t understand that a majority of Hispanics in the Southwest are opposed to open borders and illegal immigration
Posted by: Sock Puppet of Doom    2022-07-24 21:40  

#13  And how does Kagan figure out what "public sentiment" is? I'm glad to see Kagan was at a conference in Montana, because as far as I can tell that's the only time she's been outside of the Acela Corridor. This is Pauline Kael Syndrome Updated: She doesn't know a single person who voted for Trump.
Posted by: Matt   2022-07-24 12:35  

#12  Just what I was going to say, Bobby. Amazing how eager leftists are to subject minority rights to majority sentiment.
Posted by: Rob Crawford   2022-07-24 11:26  

#11  but if over time the court loses all connection with the public and with public sentiment, that’s a dangerous thing for a democracy,"

Good thing we live in a Republic. Ancient Greece showed the fallacy of "democracy".

Failed history and civics, Elana?
Posted by: Bobby   2022-07-24 10:37  

#10  
Posted by: M. Murcek   2022-07-24 10:33  

#9  A Lynch Mob is an expression of 'public sentiment', right 'Judge'.
Posted by: magpie   2022-07-24 10:31  

#8  Public sentiment really helped 20th Century Germany.
Posted by: jack salami   2022-07-24 09:26  

#7  I've said for a long time now that if everything was put up to a plebiscite in this country, the leftists would all stroke out.
Posted by: M. Murcek   2022-07-24 08:11  

#6  As someone else has pointed out, does this mean she is now in favor of reversing Obergefell, since gay marriage failed at the ballot box everywhere it was tried (including, believe it or not, Hawaii and California (twice!))
Posted by: Tom   2022-07-24 07:29  

#5  /\ I quit reading after OBAMA.
Posted by: Besoeker   2022-07-24 07:29  

#4  OBAMA appointed her as a Supreme Court Justice with ZERO Judgeship role exp.

The closes she came to this was in 2009, when Kagan was confirmed as the United States' as the 45th Solicitor General. She held a position that only argued cases for the Federal Gov. in front of the Supreme Court.

It is clear she never should have been appointed, since she does not understand the role of the Supreme Court Justice or any Judge is to rule based on LAW and NOT public lynching whims.
Posted by: NN2N1   2022-07-24 06:53  

#3  When I hear people say public sentiment my response is “as it relates to late term abortions?, open borders?, high taxes?, not arresting rioters?…..”. Leftists only want to discuss public sentiment when it favors their view of the issue but not the constitution.
Posted by: Airandee   2022-07-24 06:05  

#2  Kagan should be concerned about the 'public sentiment' deficit of Washington politicians.
Posted by: Besoeker   2022-07-24 02:59  

#1  Clearly she doesn't understand the purpose of the USSC and should be impeached and removed.
Posted by: Silentbrick   2022-07-24 02:56  

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