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10665570701?profile=RESIZE_584xSupreme Court Justice Elena Kagan made a curious and concerning comment this week about how the Supreme Court’s legitimacy depends on the consistency of its judicial opinions with public opinion. It was a comment that seemed consistent with the criticism of Sen. Elizabeth Warren (D., Mass.) that the Court was improperly departing from “widely held public opinion.” Warren used the complaint to justify her call for raw court packing to produce an instant liberal majority. I am frankly astonished by the statement of Justice Kagan which runs against the entire purpose of the Court as, at times, a countermajoritarian institution designed to follow the constitution rather than the polls.

 

Justice Kagan told a judicial conference in Montana that the legitimacy of the Supreme Court is tied to its conformity to public opinion: “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.” She added “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.”

In Federalist 78, Alexander Hamilton explained that lifetime tenure was to insulate the court from manipulation or influence:

“In a monarchy it is an excellent barrier to the despotism of the prince; in a republic it is a no less excellent barrier to the encroachments and oppressions of the representative body. And it is the best expedient which can be devised in any government, to secure a steady, upright, and impartial administration of the laws.”

The Court was designed to defy public opinion. It was designed defy everyone and everything other than the Constitution. It was that countermajoritarian role that allowed the Court to end segregation and confront other prejudices in our society.  It is designed to defend the smallest and most insular minority when law is on its side.

 

read rest here: https://jonathanturley.org/2022/07/22/the-court-of-public-opinion-justice-kagan-suggests-that-the-court-is-losing-legitimacy-by-being-out-of-step-with-public-opinion/

The Backstory is here: https://www.theblaze.com/news/elena-kagan-supreme-court-public-sentiment?

Photo H/T: The O.C. Register

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  • "Public opinion" is what she calls the narrative put out by libtards and the Pravda/Goebbels fake news propagandists but the true public opinion, that of the majority, goes against their satanic agenda/narrative!!!!!  She has her spot in the Lake of Fire reserved!!!!!!!!!!

  • Facts and laws don't matter to communists.  They are subversives through and through.  This maggot isn't fit to sit on a park bench let alond a magistrate's bench.

    • Yep....too stupid to comprehend it's her and her liberal ilk the country has lost faith in. Abide by the constitution and laws of the land or get the hell out, Kagan. All of you move to a country that's more fitting to your insanity.

       

    • Exactly!

       

  • Kagan, the Supreme Court is supposed to adhere to the Constitution! If you desire popularity in the public realm, I suggest resigning and seek further employ in Hollywood! P.S. No Obama Care and it pays better too!

  • Justice Kagan's attitude as described here is precisely what was set up to happen to the SCOTUS when BHO's illegal candidacy for and subsequent occupancy of the office of POTUS - and, to add insult to injury, for an additional term as well - was allowed to stand, and thus signaled to the NWO crowd intent on taking down this nation that their Game was truly On.  I refer to the fact that BHO was ineligible to hold that office for not being what the Constitution calls for as one of the requirements for that office: that the person be a 'natural born' citizen.  (A nbc is a person "born in the country, of parents who are citizens" thereof.  The definition is from the definitive tome of the day of the constitutional Framers on such nation-building matters, E. de Vattel's 'The Law of Nations'.  And that eligibility requirement for that particular federal office - and as added later by constitutional amendment for the office of the VP as well; logically, since that person may accede to the higher office - STILL STANDS, absent a constitutional amendment to the contrary.)  That neither the opposition poitical party of record nor the citizenry in general stood up for the rule of law in this matter has acted as an inducement to the nation wreckers to push on with their agenda.  Hence the current allowance by the Citizenry for K Harris to occupy the office of VP illegally, on the same basis - NEITHER of whose parents were U.S. citizens at the time of her birth!  And hence the position of Justice Kagan on the notion of 'pubic sentiment' - that the SCOTUS should be guided, not by the nation's rule of law.  But by the imposition of arbitrary law.  Another word for which is tyranny.  Wherein the ends justify the means.

    What can be done now?  BHO needs to be arrested, on various charges, and his illegal terms in that purloined office need to be rendered moot; with all of the legislation that he signed into law, and all of the E.O.'s and P.D.'s that he issued, and all of the appointments and nominations that he made - including to the SCOTUS, and inferior courts - to go with him.  Into the dust bin.  For it to be as though he never occupied that terribly important office.  For, he never occupied it legally.  And at the same time, the more apparent overthrow of this country's government by the bloodless coup d'etat via the stolen Nov. 2020 elections be rectified, and Donald Trump be declared the rightful winner of that election, based on the evidence to be made available to that American citizenry who failed to act back when so much of the pain that the nation has had to endure this past decade or so could have been avoided, if said Citizenry had heeded the advice of a former president, Ronald Reagan; to wit: 'Freedom is not free.'  Fortunately, we have had a military who have lived up to their oath: to defend the Constitution from all of its enemies, foreign AND DOMESTIC.  Time, now, to set things to rights.  In this country.  And, as it turns out, in the world as well.  More to follow, on all of this Drama.  Designed, to paraphrase Shakespeare, to catch our consciences.  As the 'spiritual beings having a human experience' that we are.  And about to move up a notch on the spiral stairway to the heavens.  With you personally.  Or without you.  Your choice.  As demonstrated in part by your ability to live by the rule of Law.

    • Absolutely. 

  • Total complete lefist asshole but, unfortunately, she is there for a life time, so we got to put up with her for a very long time but, for now, we have the majority, thanks for Trump....but, of course, they want to pack the Court!!!

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