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Senior Contributor

Why Kagan is bent out of shape

is her own judicial philosophy, where the judges own personal feelings are the source of decisions.  She shouldn't be, because the majority now disagree with that philosophy.

 

http://www.thepublicdiscourse.com/2010/07/1406/

 

For Kagan's published scholarship demonstrates that the "living constitution" is alive and well and even growing and changing. That is, this theory of constitutional interpretation, which holds that the constitution should change over time, has itself been modified by Kagan and her generation of liberal judicial activists.......................

 

In some recently reported and widely defended comments, Supreme Court nominee Elena Kagan has gone much further, suggesting that judges may properly be guided by their own values in deciding cases. In a 1995 review of Stephen Carter’s The Confirmation Mess, Kagan approvingly quoted Carter’s claim that “the interpreter’s own experience and values become the most important data” at a “crucial moment” that arises in most cases heard by the Supreme Court...........................

 

The idea that judges should be guided by their own values in rendering judgment is not one that anyone can honestly and consistently embrace. For if liberal judges may properly be guided by their own values, then conservative ones can be as well. But does anyone really believe that if a majority of conservative justices were to overturn, say, Roe v. Wade, simply on the basis of the justices’ own moral convictions about abortion, Elena Kagan and her supporters would not complain bitterly about both the outcome and the illegitimacy of the reasoning? In the face of such a difficulty, the proponents of Kaganism must either admit that, as a matter of principle, judges should not be guided by their own values, or claim that only liberal judges may properly be guided by their own values. To admit the former is to surrender their position. To claim the latter is to reveal their jurisprudence as a barefaced exercise of power.

3 Replies
Advisor

Re: Why Kagan is bent out of shape

the communists are a pretty lawless bunch.

 

The end justifies the means is their mantra.

 

Trump is not a good man, not a good choice for the presidency, but he looks like a Mt. Rushmore POTUS compared to anything the communists would have put up. Bucky Obama...Mrs. Clinton....Spartacus Booker......enough said?

Senior Contributor

Re: Why Kagan is bent out of shape

That right there is grounds for impeachment.  The violation of the oath to defend the constitution has and is violated.

 

"Supreme Court nominee Elena Kagan has gone much further, suggesting that judges may properly be guided by their own values in deciding cases. In a 1995 review of Stephen Carter’s The Confirmation Mess, Kagan approvingly quoted Carter’s claim that “the interpreter’s own experience and values become the most important data” at a “crucial moment” that arises in most cases heard by the Supreme Court..........................."

 

And Ginsberg should be remove too as she wants to follow European law rather than the US Constitution.  She's repeatedly made comments and rulings show that bent;

"Judges in the United States are free to consult all manner of commentary," she said in a speech to several hundred lawyers and scholars here Friday.

She cited several instances when the logic of foreign courts had been applied to help untangle legal questions domestically, and of legislatures and courts abroad adopting United States law.

Fears about relying too heavily on world opinion "should not lead us to abandon the effort to learn what we can from the experience and good thinking foreign sources may convey," Justice Ginsburg told members of the American Society of International Law.

Senior Contributor

Re: Why Kagan is bent out of shape

This is why the progs are so freaked out at losing control of the supreme court.   Its been their method of unpopular change for 50 years.  They can't get lasting control of anything else.  Their evil little minds can't imagine  the other side is not bent on using the court in the same manner.