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

[marvin martian]

Its just my guess, What she is saying is that if the court disconnects & only rule on what They want, believe, think.
Then the court is no longer influenced by the Constitution or the people.

No, I don't think that's what she's saying. If it is, she's even more dangerous than I thought.

 

[Uncensored2008]

For as long as this is a government "by the people and for the people", the opinion of the public matters in all branches of government.

Moronic bullshit.

The legislature is controlled by the people. They create laws.

The executive is executes those laws.

The judicial is the arbiter of whether those laws are consistent with the constitution and precedent.

ONLY the legislature is guided by public opinion.

According to your view, only the house is obligated to respect the people - all other branches are dictatorships. You are wrong.

Respect?

Oh the house is constitutionally answerable to the people. Again, we perverted the senate who were supposed to be appointed by the states - not elected.

You want the courts to be another legislature, but they are not.

 

[Uncensored2008]

The law does not work on opinion it works on facts and the written statutes,

Black letter law.

But the left wants to override our constitution at a whim. hence they want the courts to bow to popular trends rather than uphold codified law.

 

[Uncensored2008]

It doesn't matter what I or you think the function of the supreme court is. It only matter what the Constitution says.

You have no idea what the constitution says.

SECTION 1. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

 

[easyt65]

Any SCOTUS Justice who believes in mob rule needs to go.

Does anyone here think public opinion should influence SCOTUS decisions?

Proving once again Democrats and snowflakes are ruled by FEELINGS / EMOTION...

 

[Richard-H]

And you know this how? Your decades long research into SC cases?
You're just making shit up now.

Have you ever heard of Roe v. Wade, dumbass!

 

[Richard-H]

You have no idea what the constitution says.

SECTION 1. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Where exactly, in that statement, does it bar SCOTUS from taking public opinion into account?

You apparently can't comprehend English.

 

[Richard-H]

Moronic bullshit.

The legislature is controlled by the people. They create laws.

The executive is executes those laws.

The judicial is the arbiter of whether those laws are consistent with the constitution and precedent.

ONLY the legislature is guided by public opinion.



Respect?

Oh the house is constitutionally answerable to the people. Again, we perverted the senate who were supposed to be appointed by the states - not elected.

You want the courts to be another legislature, but they are not.

Do the words: "We the People...do ordain" mean anything to you?

I guess the meaning of that statement is beyond your limited comprehension.

 

[Ralph Norton]

Have you ever heard of Roe v. Wade, dumbass!

Yes, I have.
Good job. You've managed to cite ONE case. Now provide evidence for your assertion that:
"In almost ALL cases SCOTUS has decided, social norms have been a deciding factor".
We'll wait.
Dumb ass.

 

[AZrailwhale]

That appears to be what she's saying, yes. Mob rule has always been the left's go-to form of "government".

Only when it favors them. When they can't get control of the mob, they go to the courts like they did in Roe.

 

[AZrailwhale]

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?

None of them did. Not RBG or any others. They all refused to state how they would rule on pending matters.

 

[rightwinger]

The court has always lagged public sentiment
But eventually caught up

This court has its own agenda

 

[Richard-H]

Yes, I have.
Good job. You've managed to cite ONE case. Now provide evidence for your assertion that:
"In almost ALL cases SCOTUS has decided, social norms have been a deciding factor".
We'll wait.
Dumb ass.

One case is enough to prove my point.

If you think that I'm going to list every SCOTUS decision ever made, along with the descenting decisions and try to prove thru an analysis of each and every SCOTUS judges personal political views v. Social norms at the time, you stupider than I thought.

That would be a good two semester class in law school.

 

[buckeye45_73]

So she should resign because she is not doing her sworn oath.

No shit, we need a 1/6 trial to kick out all the people not carrying out their oaths to office......the dems would not have many people left.....

 

[AZrailwhale]

Have you ever heard of Roe v. Wade, dumbass!

Roe was enacted IN SPITE of public opinion, not because of it. The liberals couldn't get enough legislative votes to pass abortion laws in most states, so they went to a very liberal court to write law.

 

[Ralph Norton]

One case is enough to prove my point.

If you think that I'm going to list every SCOTUS decision ever made, along with the descenting decisions and try to prove thru an analysis of each and every SCOTUS judges personal political views v. Social norms at the time, you stupider than I thought.

That would be a good two semester class in law school.

So you admit that you have absolutely no evidence to support your statement that "In almost ALL cases SCOTUS has decided, social norms have been a deciding factor" and, in fact, it is complete and total bullshit.
That's surprising.
And speaking of "stupider", the word is "dissenting" not "descenting" which, of course, isn't even a word.
Genius

 

[ColonelAngus]

So you admit that you have absolutely no evidence to support your statement that "In almost ALL cases SCOTUS has decided, social norms have been a deciding factor" and, in fact, it is complete and total bullshit.
That's surprising.
And speaking of "stupider", the word is "dissenting" not "descenting" which, of course, isn't even a word.
Genius

Descenting is removing smell. There is a Biden losing his sense of smell joke in there somewhere.

 

[ColonelAngus]

See how dumb fuck lefties just want their way regardless of the Constitution?

You people are evil motherfuckers.

 

[Ralph Norton]

Descenting is removing smell. There is a Biden losing his sense of smell joke in there somewhere.

You're right. My apologies to Richard-H...but what then is a "descenting decison"?
I guess the decision to descent something? Like a skunk?
Or Biden's pants?

 

[Richard-H]

Roe was enacted IN SPITE of public opinion, not because of it. The liberals couldn't get enough legislative votes to pass abortion laws in most states, so they went to a very liberal court to write law.

Yet, the states with the largest populations (California, New York etc....) were that states where it was legal. Public Opinion is not segregated by state lines when considering the nation as a whole.