Threat to democracy: Justice Kagan thinks SCOTUS should be beholden to "public sentiment"

[Richard-H]

Good point but that doesn't mean just because a few are louder and more obnoxious that something is within 'the will of the people' because i said so. Many do not get involved until problem and issues are obviously affecting them personally in a negative way. it also does not mean a few elitist get to have all the say so in matters over and above the will of the individual person who lives in a lawfully abiding manner.

The phrase "Public Opinion", doesn't refer to a tiny minority of elitists.

 

[RodISHI]

The phrase "Public Opinion", doesn't refer to a tiny minority of elitists.

Yes it does when you have bought and paid for MSM pushing crap because they are paid to do so.

 

[Jaxson]

Except they didnt do that. Your repeating a falsehood. Judges didnt take control of anyones body. They simply ruled that its up for the people to decide what they want through legislation. In other words, pass laws through the representatives you elect to represent you.
The people have control... not 9 judges.

Donald Babyhands nominated judges that would kill Roe vs Wade. And that's what they did.

 

[Jaxson]

No. The issue was returned to the states, where it belongs. Now, you have the power to vote for representatives who will legislate the way you want them to. Now, go be an American, stop being a fascist.

No, the mob wanted Roe killed, and the GOP nominated judges who would do that. So your democracy is rules by mob laws.

 

[marvin martian]

Donald Babyhands nominated judges that would kill Roe vs Wade. And that's what they did.

Your juvenile understanding of how the world works is amusing. Please don't vote.

 

[Jaxson]

That is wrong. Supreme court just turned the decision back over to individual states because they ruled abortion isn't a constitutional right and thus can't be mandated by the government.

For the millionth time, they did not rule you cant have an abortion.

The mob wanted Roe killed and they got it from Trump appointed judges.

 

[marvin martian]

The mob wanted Roe killed and they got it from Trump appointed judges.

I guess that's Kagan's point, right? The SCOTUS should not stray from "public sentiment". You good with that?

 

[Jaxson]

I guess that's Kagan's point, right? The SCOTUS should not stray from "public sentiment". You good with that?

No, laws shouldn't be a popularity contest, that can only turn out badly.

 

[BackAgain]

That's funny....

I thought that the U.S. Constitution started with the words:

"We the people...do ordain"

Apparently the founding Father's did think that the People of the United States should have some authority over the government.

Do you think that Judges who commit perjury at their nomination hearings should go?

Yep. We, the People, ordained the Constitution. And it prescribes our form of government (a republic, not a democracy) as well as providing explicit limitations on what the government has any authority to do (despite what any temporary majority might wish), etc.

I believe I know what you’re asking in yiur last question. But, of course, you’re wrong again. There was no perjury by Kavanaugh or Barrett or Gorsuch. You see, you bombastic simpleton, it was not a lie to acknowledge that Roe constituted precedent at the time. It did. And now? It no longer does. Just as Plessy v. Ferguson constituted precedent for many many years, despite the fact that it was egregiously wrong, so too for Roe v. Wade.

 

[Votto]

Not to mention Federal Income tax…most people do not want that.

Actually, that is one of the few reasons they have not disbanded the police altogether, and never will.

 

[marvin martian]

No, laws shouldn't be a popularity contest, that can only turn out badly.

So you disagree with Kagan's statement?

 

[RetiredGySgt]

That's funny....

I thought that the U.S. Constitution started with the words:

"We the people...do ordain"

Apparently the founding Father's did think that the People of the United States should have some authority over the government.

Do you think that Judges who commit perjury at their nomination hearings should go?

Well except that No judge committed perjury.

 

[Jaxson]

So you disagree with Kagan's statement?

Yes.

 

[Ralph Norton]

Your juvenile understanding of how the world works is amusing. Please don't vote.

or procreate.

 

[task0778]

No, laws shouldn't be a popularity contest, that can only turn out badly.

This what Kagan said: "... 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. That is a backhanded way of saying the Court ought to base it's rulings at least in part on public sentiment. Which is so wrong, the law should be interpreted blindly and without ANY consideration for what the majority of the people believe. And if the majority of the people don't like it, they can change the damn law or change the judges/justices who interpret it. OR they can leave the issue in question for each state to decide as their constituents direct. THAT is the way a constitutional democracy is supposed to work.

 

[Uncensored2008]

That's funny....

I thought that the U.S. Constitution started with the words:

"We the people...do ordain"

Apparently the founding Father's did think that the People of the United States should have some authority over the government.

Do you think that Judges who commit perjury at their nomination hearings should go?

What you of the mindless left don't grasp is the concept of separation of duties.

The House is the voice of the people. The Senate was to be the voice of the state. The President the executive, and the courts the arbiters of the black letter law.

The courts are not to be guided by popular whim. This is why the court is a lifetime appointment where the house is two years - so the people have control of the house. The senate has been corrupted and serves no purpose now.

 

[hadit]

That's funny....

I thought that the U.S. Constitution started with the words:

"We the people...do ordain"

Apparently the founding Father's did think that the People of the United States should have some authority over the government.

Do you think that Judges who commit perjury at their nomination hearings should go?

I think Senators who attempt to impose a litmus test on SC nominees should be censured by the Senate and summarily defeated in the next election cycle. The major qualification for a SC justice should be, can they declare whether a law is constitutional or not by appealing ONLY to the constitution and case law and NOT foreign government or popular opinion?

 

[ColonelAngus]

Donald Babyhands nominated judges that would kill Roe vs Wade. And that's what they did.

Yes, they upheld the Constitution.

RUTH BADE GINSBURG SAID ROE V WADE WAS A POOR DECISION. Call her out.

 

[Jaxson]

Yes, they upheld the Constitution.

RUTH BADE GINSBURG SAID ROE V WADE WAS A POOR DECISION. Call her out.

The Constitution was written by people who owned slaves and thought women and peasants shouldn't have the right to vote, only landowners. That's why it's been changed so many times.

 

[ColonelAngus]

For example, All of AOC’s constituents can STILL kill their babies.