Supreme Court Justice Elena Kagan, who stressed that she wasn’t talking about any particular decision, warned that courts look political when they needlessly overturn precedent.
She stressed that she was not talking about any particular decision or even a string of rulings with which she disagreed.
The 62-year-old New Yorker struck a different tone from Chief Justice John Roberts, who spoke to a gathering of judges and lawyers in Colorado Springs, Colorado, last week. The chief justice has been a consistent defender of the court's legitimacy against complaints that the court is not much different from the political branches of the government.But Kagan said the court risks damaging its own legitimacy when big changes in the law follow changes in the court's membership.
Three of the justices who are part of the court's conservative majority were appointed by President Donald Trump. They voted to overturn Roe, and also imposed limits on the Biden administration's efforts to fight climate change, expanded gun rights, and weakened the separation between church and state.
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