{"id":128162,"date":"2022-07-23T11:19:03","date_gmt":"2022-07-23T15:19:03","guid":{"rendered":"https:\/\/valorguardians.com\/blog\/?p=128162"},"modified":"2022-07-23T11:19:03","modified_gmt":"2022-07-23T15:19:03","slug":"the-us-supreme-court-could-lose-legitimacy-if-it-loses-touch-with-public-sentiment","status":"publish","type":"post","link":"https:\/\/www.azuse.cloud\/?p=128162","title":{"rendered":"The US Supreme Court could lose legitimacy if it loses touch with public sentiment"},"content":{"rendered":"

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Justice Elena Kagan, one of the liberal justices on the US Supreme Court, said that the court must act like a court if it is to maintain legitimacy. She also argued that the justices need to be consistent when applying their judicial philosophies, even if that consistency goes against their desired outcome. Justice Kagan was one of the justices that dissented the recent abortion ruling.<\/p>\n

From Reuters:<\/span><\/strong><\/p>\n

“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,” Kagan said at a judicial conference in Montana.<\/p>\n

The court, America’s top judicial body, has a 6-3 conservative majority that has boldly asserted its power in the abortion ruling and other recent cases.<\/p>\n

“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,” added Kagan, who has served on the court since 2010.<\/p>\n

Kagan, who dissented in the abortion case along with the two other liberal justices, added that the court “earns its legitimacy by what it does, by the way it behaves.”<\/p>\n

She said there have been times in history when the court has been “unconstrained and undisciplined” when justices “really just attempted to basically enact their own policy or political or social preferences” and said the current justices should guard against that.<\/p>\n

Kagan also said justices have to be consistent when implementing their judicial philosophies and cannot abandon that approach when it will not result in their preferred outcome.<\/p>\n

Opinion polls have shown a drop in public approval of the court in the wake of the abortion ruling, which capped its blockbuster term that ended last month. In other rulings, the court bolstered gun rights, expanded religious rights and curbed the ability of President Joe Biden’s administration to issue broad regulations aimed at reducing carbon emissions from existing coal- and gas-fired power plants.<\/p><\/blockquote>\n

Beter to lose public confidence for abiding by the Constitution rather than losing public confidence for not abiding by the Constitution. Reuters has more information here<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

Justice Elena Kagan, one of the liberal justices on the US Supreme Court, said that the … The US Supreme Court could lose legitimacy if it loses touch with public sentiment<\/span>Read more<\/a><\/p>\n","protected":false},"author":661,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[295,13],"tags":[],"class_list":["post-128162","post","type-post","status-publish","format-standard","hentry","category-scotus","category-society"],"_links":{"self":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/128162","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/users\/661"}],"replies":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=128162"}],"version-history":[{"count":0,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/128162\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=128162"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=128162"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=128162"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}