Kagan worried about court’s ‘legitimacy’ if Kavanaugh seated

Kagan worried about court’s ‘legitimacy’ if Kavanaugh seated
Elena Kagan (Image: YouTube screen grab)

[Ed. – This is part of the same argument made by the guy who was advocating a constitutional crisis at Slate on Friday.  “Impartiality” is supposedly demonstrated by random unpredictability. But a Supreme Court justice should think more clearly than that.  Impartiality is a cultivated, definable principle, not a state of random indecisiveness.  When you’re relying on indecisiveness, which could be swayed situationally by anything, impartiality is exactly what you DON’T get.]

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.

Continue reading →

For your convenience, you may leave commments below using either the Spot.IM commenting system or the Facebook commenting system. If Spot.IM is not appearing for you, please disable AdBlock to leave a comment.


Commenting Policy

We have no tolerance for comments containing violence, racism, vulgarity, profanity, all caps, or discourteous behavior. Thank you for partnering with us to maintain a courteous and useful public environment where we can engage in reasonable discourse.