Associate Supreme Court Justice Elena Kagan said that the highest court in the land risks losing legitimacy without a centrist swing-vote, reports Bloomberg.
In Friday comments made just hours after the US Senate cleared the way for USSC nominee Brett Kavanaugh’s confirmation, Kagan said that the court benefitted from having centrist Justices Sandra Day O’Connor and Anthony Kennedy over the past 30-plus years.
The presence of O’Connor and Kennedy “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 to an audience at Princeton University. “And it’s not so clear that, you know, I think going forward that sort of middle position — you know, it’s not so clear whether we’ll have it.”
She added: “All of us need to be aware of that, every single one of us and to realize how precious the court’s legitimacy is.” –Bloomberg
Of course, accusing a Supreme Court nominee of orchestrating a high school gang-rape scheme with zero evidence may also wear on the court’s legitimacy, but we digress.
Kavanaugh’s ascension to the USSC will give the court a five-justice conservative bloc, led by Chief Justice John Roberts who will set the pace for how quickly the court will move on various matters.
Without mentioning Kavanaugh by name, Kagan appeared with fellow Obama-appointed Justice Sonia Sotomayor – both Princeton graduates – where they sought to distance themselves from the political circus that has dominated Washington over Kavanaugh’s nomination.
“We have to rise above partisanship in our personal relationships,” Sotomayor said. “We have to treat each other with respect and dignity and with a sense of amicability that the rest of the world doesn’t often share.”
Justice Elena Kagan: "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." pic.twitter.com/7Yr78M3cke
— The Hill (@thehill) October 6, 2018
Kagan expanded on that, saying: “This is a really divided time, and 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 rest of the governing structures of this country.”
Kagan said the court needs to protect its institutional reputation by staying “somehow above the fray, even if not always and in every case. It’s an incredibly important thing for the court to guard.”
She said the justices can’t afford to hold grudges because they would lose the ability to persuade their colleagues in future cases. –Bloomberg
“We live in this world where it’s just the nine of us,” Kagan added. “We are the consummate repeat players.”
Yes, we’re sure Kavanaugh won’t hold a grudge after his entire life’s work was reduced to unfounded and refuted claims of sexual assault 36 years ago.
Hmm, no mention of Justice RBG freely (and repeatedly) expressing partisan opinions?
But for the past fifty years the court hasn’t been impartial and centrist in it’s rulings, it has been left leaning. Now the left leaning justices, chosen for their leftist leanings are concerned that the court may lean the other way?
That is the problem with scales. Tip them too far one way or the other and they tend to seek balance by tipping back in the other direction.
The truth is that SCOTUS jurists of the past have always kept their mouths closed except for rulings from the bench, they didn’t go to the MSM- clearly tipped one way- and make their own personal case for how things ought to be with appointments.
And people thought that the partisan rancor would conclude with Kavanaugh’s swearing in.
If the shrivelled old hag Ginsberg goes tits up, then there will be no swinging the court for a long, long time. Trump should appoint a 30 year old conservative. The screaming would be heard round the world!
There is no excuse for this….. she should be welcoming of Kavanaugh to the Bench but in instead she decides to Prime the Left on coming adverse rulings expected to come from it.
She should be shamed in media for putting that cloud in the sky.. but will get a pass..
And to think…it is still early innings to this insanity.
Once the Febreeze wears off on RBG count on the real meltdown that is gonna begin…
That last captioned picture is the funniest thing I have read/seen in the past..oh week maybe.
Nothing is funny anymore. We need a good satirist/comedian. Someone who could be compared to Mark Twain.
That was meant as a compliment, BTW. The spray should be triple polyurethane to keep her sitting straight up in her chair and her eyes open.
Dear Hardscrabble,
Well said. Bottom line is the court should be centrist, stacked with judges who rule by the Constitution.
The left says it is going right and I disagree. Their definition is any judge who is not a flaming liberal is right.
Best regards,
Dennis Miller
Calling Kavanaugh a centrist would be generous.
A conservative he is not.
After what he’s been put through, I doubt he isn’t changed.
So let me paraphrase what that left wing bitch is saying: “We lefties on the court need a moderate so we can pass our left wing agendas. Now the conservatives will pass everything! Bwah! That is not fair! Sniff.”
If a leftist isn’t frothing at the mouth, raving- then they are whining.
It’s 5:4 and soon to be 6:3. Their Temple Curtain is torn top to bottom, the pendulum is now swinging Right, Exit Left; good riddance to godless Communism. Trump is draining the Swamp and replacing slimy creatures. The voters will replace some more on 6Nov.
I upthumbed you just for the optimism.
FOR 84 years the leftist democrats maintained a majority on SCOTUS and when they no longer do they call for it to be abolished, torn down, the Electoral college ended, all the things they utilized to destroy freedom for decades. You see they could not win in their communist agenda via the votes so they enacted a plan to brainwash the next generations by infiltrating the education system with leftist professors and common core and agendas as such. They legislated from the bench by judges while they maintained that majority and any fight to fix that (lawsuits to challenge) was crushed by those same judges in the majority. Now that we have a true middle in our SCOTUS they know their game and power of corruption is over and they refuse to give up power. That is exactly why every dictator goes down and does not simply walk away. These types of people cannot live on earth with true capitalism in a real Republic. No. They want to be in charge and never admit fault when they screw things up. They prefer to go down in flames because they know their troglodyte professors will reteach history on their behalf and twist history in their favor. Teachings like socialism has never worked because the right people were not in charge. And that they are the right people THIS time. These people and their quest for power need to be taught a lesson. I fear it may take a far right mentality of the people for many years to get our country back to the impartial middle. The extremes on both sides are never good for the people. I see no other way to revert to the middle unless we first start with impartial education to teach critical thinking skills and not biased narratives. Like forks make people fat and guns, not people, kill as an example. We never hear how we should regulate gas, and ban vehicles when bad people use cars or trucks to mow down innocents and slaughter people in mass death. But one lone nut uses a firearm against a crowd and the gun banners go batshit crazy to ban guns. When you point this obsurdity out they simply change the narrative. The core fundamentals of leftist have no foundation for ongoing freedom for the people as it always ends in slavery and death via dictatorship, every time. They will use their same tactics of bullying, narratives and then allow fakery in the courts by leftist judges to settle law. But they are so ingrained, so routined, so complacent in how they did things for 8 decades they forget when it reaches the SCOTUS thier batshit craziness will not make it into law. Their M.O of using the judges and courts to legislate and make laws from the bemch are over. And they have always feared the Constitution because they know its power. They will now feel that power in its full effect, we can only hope. I belive they will do everything to delegitimize the SCOTUS until they regain power over it. They will make a mockery of it until they win the Presidency and/or Congress. Then it will magically be legitimized again. I can only hope Trump gets re elected and Congress stays right for another 6 years to beat them back and allow the next generation to see their tactics being used against them to make them slaves.
I bet that could be fleshed out to be a nice essay, Professor.
The myopic view. It is lots more than just the SC that’s in disrepute. The entire federal government is in the process of being discredited. Look at how the senate’s prestige took a hit last week. The house has long since been recognized as a collection of felons, rogues and outright nitwits. Add to the witches brew a rapacious pentagon who’s last victory was 70 years ago and is currently being fought to a standstill by a group of pygmies using 1950’s weapons. Now the left is barking to eliminate the electoral college. California is talking about secession. Innocent until proven guilty on the way out. The cracks in the plaster often highlighted on TBP are obvious, continuous and point to one conclusion: American governance as practiced for the past 250 years is ending.
“Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There never was a democracy yet that did not commit suicide.”
Good riddance.
Although, it’s amazing how fast the Miltary mopped up Issis once Trump came to power.
Good to know we’re getting something for the trillion dollars we pour into the military every year. But I think Russia had something to do with their demise.
Another left vs. right indoctrination article. While they divide and conquer you, both left and right [equally] in government circumvent your constitutional rights. They are both evil factions that hate freedom and the bill of rights. Learn who the real enemy is.
So says the absolutely least qualified person to ever sit on the SCOTUS. Blow your bolshevik kvetching out your ass.
What legitimacy is that exactly?
As far as Kagan, and her Tribe, are concerned, it’s them always getting exactly what they want.
I suspect she is using the Hebrew definition of the word.
https://forward.com/news/breaking-news/410176/supreme-court-justice-elena-kagan-says-she-had-a-very-strange-jewish/
Kavenaugh bucks the trend of creating a lesbian softball team on the supreme court.
Breyer is team captainess.
I would fully encourage Kagan to resign in order to be replaced with a swing vote. She should have a conversation with Trump about who acceptable centrist candidates (to her) would be and do a deal.
What, that’s not what she meant?
Hi,
She should be impeached for those remarks. The Constitution is not left, right or center. It is the law of the land and can be changed according to the procedures laid out in the Constitution. Every case coming to the court should be looked at according to the Constitution, not trying to legislate an ideology from the bench.
If the country wants abortion on demand, the elected members of our government should pass a bill and be accountable to the people. If they want the government to take taxpayer money and spend it on healthcare for non-citizens, then pass the law. Once the law is passed, then the court must rule according to the law.
The legitimacy of the court is questioned by people like Kagan who see it as left and right as opposed to looking at the law as it is.
The fact that the left has pushed their agenda through by packing the courts with judges who started with a political agenda and then looked for ways to make it sound legitimate is the issue in question. She is part of the process. I’ve forgotten the name of the leftist judge who cited French common law in his judicial decision. He should have been impeached on the spot…..that is not his guideline it is the US Constitution.
Those who say the court is right need to look at their rulings, most of the time they follow the Constitution as it stands.
The Court should be packed with judges who rule by the Constitution and say to the legislature, if you don’t like the laws as they stand, change them, be accountable to the voters, and we will use them as a guide in our decisions.
Regards,
Dennis Miller
Ginsburg needs to go on a hunting trip to west Texas some time really soon…
As far as I am concerned,you win the Internet for that crack,bravo.
Sorry, but we don’t want her stench polluting the air or the scenery in West Texas or any other part of Texas.
So isn’t Kagan herself reducing the legitimacy of the court by questioning the legitimacy of the court because the court has shifted to the right? If the court had instead shifted to the left would Kagan still have voiced the same concerns? Her claim reveals a lack of intellect.
Kagan and Sotomayer are communists and I have no interest in anything they might say. I might have an interest if they said they were resigning.
Seems to me that John Roberts is the swing vote Kagan is lying about. That fucktard ruled for Ofucker’s ACA. A pox upon Roberts, he’s a scourge to the human race. Also Kavanaugh is a statist he will side for the state aka fedgov. This is abundantly clear from his past history in the fedgov.