Elena Kagan Claims 'Legitimacy' of Supreme
Court Is at Risk When It Strays From Public Opinion
Red State,
by
Mike Miller
Original Article
Posted By: Dreadnought,
7/22/2022 10:29:25 PM
Welp, here we go again — with more ignorance of the role of the United States Supreme Court in the aftermath of the Roe overturn. Only this time, the idiocy comes from within SCOTUS, courtesy of Elena Kagan, who on Thursday claimed the legitimacy of the Court is tied to its conformity with public opinion.
Roll that over in your mind a couple of times.
Silly me. All this time, I thought the Supreme Court’s role was that of final arbiter of the law, thus ensuring the American people with the promise of equal justice under the law and, thereby, as guardian of the Constitution
The inmates are running the Ward.
22 people like this.
Reply 2 - Posted by:
FTCM 7/22/2022 10:34:21 PM (No. 1225390)
Just more idiocy from the loony left...Those with non-critical thinking minds!!!
23 people like this.
Reply 3 - Posted by:
Knotwyrkin 7/22/2022 10:37:12 PM (No. 1225392)
You can't fix stupid. You can cure ignorance, but stupid is forever.
30 people like this.
Reply 4 - Posted by:
Flyball Dogs 7/22/2022 10:37:48 PM (No. 1225393)
S$#% for brains.
Or, she was educated in a Government Indoctrination Skrewl.
14 people like this.
Reply 5 - Posted by:
msjena 7/22/2022 10:39:44 PM (No. 1225394)
Well, then, why do SC justices need lifetime appointments? Why not have elections for justices if public opinion should figure into their decisions? And, by the way, who says public opinion overall favors absolute abortion rights at any stage of pregnancy?
27 people like this.
Reply 6 - Posted by:
marbles 7/22/2022 10:43:48 PM (No. 1225398)
The job, the only job of the Supreme Court is to apply our Constitution to the cases brought before it. Public opinion has no place in their decisions.When decisions are made according to public opinion you are succumbing to the mob.Kagan is an idiot.
40 people like this.
Reply 7 - Posted by:
rememberwhen 7/22/2022 10:45:09 PM (No. 1225399)
On the contrary, the legitimacy of the court is at risk when its decisions are swayed by pubic opinion. Courts must decide cases on the law, not what's popular.
34 people like this.
Reply 8 - Posted by:
scottj 7/22/2022 10:48:56 PM (No. 1225400)
Wow. The Supreme court should vote according to public opinion. This just highlights how liberals should never be near the Supreme Court.
26 people like this.
Reply 9 - Posted by:
slipstik 7/22/2022 11:00:29 PM (No. 1225407)
So she thinks she's just an echo chamber for popular opinion... God help us.
24 people like this.
Reply 10 - Posted by:
nwcudagal 7/22/2022 11:07:54 PM (No. 1225410)
Unqualified Judge appointed by an unqualified President.
29 people like this.
It seems to be public opinion to stop illegals from crossing the border. What if it was public opinion to allow slavery again )l loor to stop women from voting?
15 people like this.
Reply 12 - Posted by:
PismoPat 7/22/2022 11:13:18 PM (No. 1225412)
Kagan is not the sharpest knife in the drawer. The Supreme Court is designed to protect the constitution from Public Opinion and Congress (and the Executive Branch.)
21 people like this.
Reply 13 - Posted by:
smokincol 7/22/2022 11:17:58 PM (No. 1225417)
now that sounds like rock solid legal thinking, huh? where did she go to college, Moscow's Lenin University with bill clinton?
14 people like this.
Reply 14 - Posted by:
jeffkinnh 7/22/2022 11:27:26 PM (No. 1225424)
I believe that Justices swear an oath to UPHOLD THE CONSTITUTION and THAT makes the Constitution the final authority. If Kagan doesn't hold to her oath, she should be impeached. It is appalling that a SCOTUS justice would think anything else.
There is a REASON that public opinion is NOT the arbiter of legality. It is fickle. Further, it can be influenced by lying public officials and lying media. The Constitution was carefully considered and while it can be changed, it can only be done through considerable public debate, Congressional support, and significant support from all the states. Meanwhile with public opinion as the measure of judgement, a person could undertake an action that they thought was completely legal, and poof they are guilty because public opinion and some flakey judge doesn't like what they did. There is no fairness or equal justice possible under such a system.
The only fair legal system is one in which all laws have been created by elected representatives and approved by the executive of the country, state, or municipality. The Constitution is the framing legal document for the Country. All other laws must exist under it's strictures.
Kagan is not only betraying her oath. She is an idiot.
23 people like this.
Reply 15 - Posted by:
Newtsche 7/22/2022 11:31:05 PM (No. 1225425)
Ah yes, our fifth branch of government, the Court of Public Opinion, the only one that matters when those in the shadows yank our collective chains on a 24/7 basis.
8 people like this.
Reply 16 - Posted by:
bobn.t 7/22/2022 11:48:56 PM (No. 1225441)
Legitimacy' of Supreme Court Is at Risk When It Strays From Public Opinion.
So public opinion has legal legitimacy.
Nonsense
9 people like this.
Reply 17 - Posted by:
6079 Smith, W 7/23/2022 12:05:39 AM (No. 1225449)
The legitimacy of baseball is at risk when the umpire doesn't call the game the way the home teams fans want it called according to this ' logic'.
10 people like this.
That is the dumbest thing I have heard from a judge in a long time. Public opinion is not law Sweetie. You are supposed to follow the LAW, not worry about public opinion.
10 people like this.
Reply 19 - Posted by:
doctorfixit 7/23/2022 12:11:49 AM (No. 1225451)
The. Federal judiciary lost any legitimacy during the Warren Court decades ago when the court became overtly political.
5 people like this.
Reply 20 - Posted by:
GoodDeal 7/23/2022 12:17:35 AM (No. 1225452)
The Court is at risk of being legitimate when it strats from ther Constitution. The Law is not to be decided in public opinion. Kagan is not qualified to sit in the court with that point of view in deciding cases.
4 people like this.
Reply 21 - Posted by:
singermom9 7/23/2022 12:21:58 AM (No. 1225457)
Maybe she LIED to the representatives. She was chosen because she said she was going to adhere to the constitution. If she LIED then she should be impeached according to AOC. And she is god on the hill right?
3 people like this.
Reply 22 - Posted by:
gramma b 7/23/2022 12:47:17 AM (No. 1225462)
One of the purposes of the Constitution is to protect against the opinion of the majority when certain fundamental rights of the minority are involved. How could someone with her credentials not know this?
5 people like this.
Reply 23 - Posted by:
Starboard_side 7/23/2022 12:47:39 AM (No. 1225463)
Sorry, but the law is not based on public opinion. It's all about right and wrong.
And, as far as SCOTUS, it's all about the United States Constitution, or if it's constitutional or not.
That does not mean there have been over-zealous prosecution or police tactics over the years.
1 person likes this.
Reply 24 - Posted by:
DVC 7/23/2022 12:56:51 AM (No. 1225471)
Kagan is a sad hack for even saying this nonsense. Pathetic.
Public opinion has absolutely nothing whatsoever to do with the courts. The courts look at LAWS, as written, ONLY.
Public opinion has no bearing whatsoever on the existing laws, especially the Constitution, which is the law that SCOTUS relates to. If public opinion wants to affect the courts, the only way is to elect enough Represenatives and Senators to pass a Constitutional Amendment, and THEN elect enough Legislators and state senators to have 35 states approve that Constutional amendment.
Until public opinion rises to this level, and ACCOMPLISHES these specific steps, it has NO bearing at all, absolutely zero, on SCOTUS cases.
2 people like this.
Reply 25 - Posted by:
Rama41 7/23/2022 1:07:41 AM (No. 1225476)
The Supreme Court is supposed to be the rudder of the ship of state, not the mainsail.
2 people like this.
Reply 26 - Posted by:
PChristopher 7/23/2022 1:32:43 AM (No. 1225488)
The legitimacy of the supreme Court was challenged as soon as you took your seat on the bench!
2 people like this.
Reply 27 - Posted by:
EJKrausJr 7/23/2022 1:39:53 AM (No. 1225492)
Kagen, if you don't like parts of the writings in the Constitution, they can be amended. Otherwise public opinion is not enscribed in the Constitution.
3 people like this.
Reply 28 - Posted by:
Pepperpot59 7/23/2022 3:11:22 AM (No. 1225504)
I'm beginning to think that there are no Democrats anywhere that live in the same reality as I do. They seem to think they can change reality by just declaring something, I'm afraid the next thing Congress will do is Congress ban the law of gravity so we get better car mileage.
2 people like this.
Reply 29 - Posted by:
Trigger2 7/23/2022 4:27:49 AM (No. 1225517)
Oh, so public opinion overrules the constitution. Since when? This is what happens when congress puts an absolute moron on the SC.
5 people like this.
Reply 30 - Posted by:
Rather Read 7/23/2022 4:28:40 AM (No. 1225518)
So if public opinion was strongly in favor of segregation the supremes should go along with it? Good to know Justice Kagan. What an idiot!
1 person likes this.
Reply 31 - Posted by:
mifla 7/23/2022 4:36:10 AM (No. 1225525)
OK, based upon public opinion, let's vote on slavery, women being given the vote, and Obamacare.
2 people like this.
Reply 32 - Posted by:
BarryNo 7/23/2022 5:05:15 AM (No. 1225535)
Her legitimacy as a member of SCOTUS is what is continuously lacking.
2 people like this.
Reply 33 - Posted by:
WhamDBambam 7/23/2022 6:29:04 AM (No. 1225581)
We are being ruled by idiots.
3 people like this.
Reply 34 - Posted by:
Jethro bo 7/23/2022 6:41:03 AM (No. 1225592)
If opinions were the issue, then many of the leftist golden calf rulings would have never been issued. As expected Kagan, the least intelligent Supreme Joke Just-Us ever, believes in rule of Mob, not rule of law.
5 people like this.
Reply 35 - Posted by:
Hazymac 7/23/2022 7:02:12 AM (No. 1225599)
More "wisdom" from Justice Barney Rubble
1 person likes this.
Reply 36 - Posted by:
Krause 7/23/2022 7:17:38 AM (No. 1225605)
Democrats don’t abide by the Constitution. They are outlaws.
0 people like this.
Reply 37 - Posted by:
NamVet70 7/23/2022 7:17:43 AM (No. 1225606)
She claims public opinion (measured by media polls) can override the US Constitution? I believe this is contrary to any oath of office, and should be grounds for impeachment.
4 people like this.
Reply 38 - Posted by:
ronniethek 7/23/2022 7:23:06 AM (No. 1225610)
IF she actually said this she should be impeached and removed. If she does her judging as she described she is violating the oath she took when she joined the court. Outrageous. SHE IS AN ILLEGITIMATE MEMBER OF THE SUPREME COURT.
3 people like this.
Reply 39 - Posted by:
NancyD 7/23/2022 7:30:05 AM (No. 1225618)
I've always read that she isn't very smart, now here is the proof.
The Supreme Court MUST Follow the Constitution
1 person likes this.
Reply 40 - Posted by:
chillijilli 7/23/2022 7:40:26 AM (No. 1225634)
How come we're not out in front of her house protesting?
1 person likes this.
Reply 41 - Posted by:
downnout 7/23/2022 8:06:34 AM (No. 1225670)
Clearly she lied in her confirmation hearing. When does the impeach Elena Kagan project start?
1 person likes this.
Reply 42 - Posted by:
sterling431 7/23/2022 8:09:25 AM (No. 1225676)
Kagan is the poster child for the end result of affirmative action which selects people based on immutable characteristics such as gender &, race rather than merit.
1 person likes this.
Reply 43 - Posted by:
F15 Gork 7/23/2022 8:21:50 AM (No. 1225694)
When you’ve got a Justice who doesn’t know what a woman is, I’d say you’ve already lost your legitimacy....
2 people like this.
Reply 44 - Posted by:
Strike3 7/23/2022 8:23:42 AM (No. 1225701)
Kagan is one of the three stooges on the SC. Maybe if she would get her face out of its favorite sweet spot and come up for more oxygen once in a while it would improve her thinking process.
1 person likes this.
Reply 45 - Posted by:
wakeupcall 7/23/2022 8:32:12 AM (No. 1225711)
If our brave founding fathers had listened to the majority of the people on this continent there would not be an United States of America today as about 95% of colonists were pro England, France or Spain, and against separation from European control.
0 people like this.
What a Maroon, as Bugs would say…I’ll say woefully out of her league, pay grade, reality…
0 people like this.
Reply 47 - Posted by:
TJ54 7/23/2022 8:48:27 AM (No. 1225733)
She has a point: Dred Scott and Plessy v Ferguson were very popular with the public at the time!
0 people like this.
Reply 48 - Posted by:
Laotzu 7/23/2022 10:08:10 AM (No. 1225830)
If you've ever read her opinions, you would already know that she, and the substandard clerks she hires, really are that stupid.
0 people like this.
Reply 49 - Posted by:
Italiano 7/23/2022 10:58:00 AM (No. 1225923)
Look at it another way. The majority of the American public oppose abortion, gay marriage, women in mens’ sports, illegal immigration, climate change hysteria, the Biden Administration, and support domestic energy production, lower taxes, oppose gun control, etc.
We may be on to something here.
1 person likes this.
Reply 50 - Posted by:
Laotzu 7/23/2022 11:09:03 AM (No. 1225941)
[Pardon the rare second post.]
Seriously inane because she advocates mob rule with no mention of the Left's traditional, plausable, excuse for marking up our Constitution -- justice.
A violation of Canon I of the federal Judicial Code of Conduct: "An independent and honorable judiciary is indispensable to justice in our society. A judge should maintain and enforce high standards of conduct and should personally observe those standards, so that the integrity and independence of the judiciary may be preserved."
A violation of Canon 4(C): "A judge should not engage in any other political activity. "
2 people like this.
Reply 51 - Posted by:
Griller1 7/23/2022 2:08:42 PM (No. 1226165)
I could have sworn that the Wise Latina was the dumbest person to ever serve on the High Court, but Mizz Kagan is sure giving her a run for the money. Of course, looking at that two of them, one can be sure they never ran after anything except the food trough.
0 people like this.
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