Justice Elena Kagan is the main liberal on the Supreme Courtroom now that Justice Stephen Breyer has retired, and she or he little question thinks of herself as an institutionalist. So it’s a disgrace to see her lending an help to the present political assault on the Excessive Courtroom’s legitimacy.
“When courts turn into extensions of the political course of, when folks see them as extensions of the political course of, when folks see them as attempting simply to impose private preferences on a society no matter the legislation, that’s when there’s an issue—and that’s when there must be an issue,” the Justice stated Wednesday at Northwestern College Faculty of Regulation.