Justice Elena Kagan warned again today that unsound reasoning and politically convenient conclusions have infected the Supreme Court’s recent opinions and are doing damage to the court’s standing with the American public.
Elana Kagan did not mention the landmark abortion ruling she dissented from in June, but did refer to other decisions where the court had colored outside the lines. | Chip Somodevilla/Getty ImagesCHICAGO — Justice Elena Kagan warned again on Wednesday that unsound reasoning and politically convenient conclusions have infected the Supreme Court’s recent opinions and are doing damage to the court’s standing with the American public.
However, the recent criticisms from Kagan, an appointee of President Barack Obama and a former Harvard Law School dean, now seem more pointed because they come just days after Chief Justice John Roberts expressed concern publicly that the court’s reputation is being unfairly battered. on the ground that Congress should have been more explicit if it was granting the Environmental Protection Agency authority over such a “major question.”
“If there’s a new member of a court and all of a sudden everything is up for grabs, all of a sudden very fundamental principles of law are being overthrown, are being replaced, then people have a right to say: What’s going on there? That doesn’t seem very law-like,” she said.
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