Supreme Court Justice Elena Kagan, appointed by Barack Obama, has claimed at a conference that the court must follow “public sentiment” in its decisions or it risks losing its legitimacy.
And she was immediately schooled on the fact that “public sentiment” should have nothing to do with the court’s decisions, as they are supposed to be based on the Constitution.
The Washington Examiner explained her comments came at a judicial conference in Montana.
“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 claimed.
Kagan, a far-left liberal, charged it could be dangerous if people continue to view the justices as partisan, “likely an allusion to the recent contentious court term that saw the overturning of Roe v. Wade and an expansion of gun rights,” the report said.
“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,” she said.
However, basing court opinions on the sentiment expressed by the public likely would result in chaos in short order, as a commentary at Twitchy pointed out.