“The court’s strength as an institution in American governance depends on people believe it having a certain legitimacy … that it’s not simply an extension of politics,” she said, watching the horse trot away from the barn.
Sorry, but I don’t trust you at all Kagan, and I never have.
I like Kagan. She’s a thoughtful jurist, but that ship sailed in 2000 when the SCOTUS appointed Bush Minor to the Presidency.
And I am sure that Von Papen was deeply concerned about legitimacy and integrity…
The refusal to hear Merrick Garland destroyed that…
The Court is toast for the foreseeable future, unfortunately. It will have two members–Gorsuch and Kavanaugh–whose legitimacy will not be accepted by the half of the country. Its most recently retired member, Kennedy, corruptly colluded (secretly coordinated) with the president to select a nominee who would serve their personal interests. Thomas is a partisan joke. Alito is a partisan hack. Roberts is partisan hack. The institution has been utterly hollowed out by the deep Republican commitment to one-party rule at any constitutional cost. And that’s without getting into the substance of the partisan decisions on redistricting, campaign finance and, looming right around the corner, the power of the president to decriminalize his own actions.
In view of the fall of the court and the broken GOP, Democrats have no option but to consider radical steps to save the constitutional democracy. Splitting California into two states, like the Dakotas; statehood for DC and Puerto Rico; maximum gerrymandering of House and state districts after 2020; and of course investigating Kavanaugh’s evident criminality with a view to securing a conviction that will land him in prison, where he belongs, and curtail his judicial career. That’s where we are. Not saying that this should be the Democratic platform but that this what Dems should go right ahead and do, ruthlessly. Any elected Dem who lacks the spine should get out of the way.
“…death of Antonin Scalia in 2016 temporarily left the panel with only eight judges.”
Runaway winner for faux unbiased framing of the year.
“…unprecedented GOP obstructionism and anti-constitutional crimes left the panel with only eight judges for more than a year.”
FIFY, hack.
Really what’s up with her that you don’t like?
[Quote] “The court’s strength as an institution in American governance depends on people believe it having a certain legitimacy … that it’s not simply an extension of politics,” she said.[/Quote] So its strength is based on people believing a lie, gotcha.
She gets the role of the courts. She gets it. Kavanaugh doesn’t. Neither do the Republican politicians serving Trump.
omg, you can’t just leave that hanging out there. That one little bitty sentence streaked across my brain like a stereo needle across a record. Dickweed is right, you gotta fill us in. What is it about Kagan that makes you feel that way??
So do the Democrats have their version of the Federalist Society that is grooming good progressive judges for SCOTUS?
No we don’t. But maybe we should…
She has always struck me as wanting to be one of the guys. Maybe I’m wrong -
We should.
I don’t know why we don’t.
Bullshit, and I will call her on this, in person, next week, if I possibly can. She and Sotomayor are scheduled to speak at an alumnae gathering at Princeton University. I’ll be attending, and I’m sure I won’t be the only one to ask her, don’t you see that shaking a rapist’s hand, working with him “collegially,” is what will rot the institution? Sotomayor is less go-along-get-along than Kagan. I’ll be very interested to see if she agrees with this
Wouldn’t split California; we could very well end up with an additional GOP senator or two. (The far right’s been pushing to split the state for years.) But statehood for PR and DC? It’s outrageous that they’re not already states.
And fun fact about the five SCOTUS members on the right, if K’s confirmed (still hoping against hope he won’t be): 1 got a stolen seat, 2 would be credibly-accused sexual offenders and perjurers, and two were appointed by a president who had his own office stolen for him after he lost the popular vote. (K could actually fit all these categories, but I’m keeping it simple.) And all, of course, pushed by GOP Senate majorities that themselves represent a minority of the electorate. So arguably, the entire right side of the Court is less than legitimate.
Okay, maybe not such a fun fact…
(@tena, @karlsgems) There’s something called the American Constitution Society that was founded to be “our” version of the Federalist Society; but the fact that so few have beard of them, even around here, says they’ve got a lot of work to do on the PR front.
She is extremely smart and if I had to bet money on a liberal justice ever being appointed Chief Justice again, I would put it on her. She’s kind of the Democrats’ version of Roberts, which may not please the bleeding hearts but is probably best if this institution wants to preserve any semblance of legitimacy.
Of course, the chances of that happening have dropped precipitously over just the last couple of years, not to mention the last couple of days…
Can’t blame her. She knows she’s probably going to have to deal with this guy for the rest of her life.