TBA Law Blog

TBA Law Blog

Unlike Roberts, Kagan Says Courts Can Lose Legitimacy

Posted by: Stacey Shrader Joslin on Sep 14, 2022
News Type: U.S. Supreme Court

U.S. Supreme Court Justice Elena Kagan, in remarks on Monday, cautioned that courts look political and forfeit legitimacy when they needlessly overturn precedent, the Associated Press reports. Speaking less than three months after the court overturned Roe v. Wade, Kagan said the public’s view of the court can be damaged, especially when changes in its membership lead to big changes in the law. She stressed she was not talking about any particular decision or even a string of rulings. Kagan struck a different tone from Chief Justice John Roberts, who spoke to a gathering of judges and lawyers in Colorado last week. At that event, Roberts said disagreement with a court opinion is not a basis for questioning the legitimacy of the court. Kagan also briefly addressed the leak of the draft opinion in the abortion case. She said the leak made the justices’ jobs much harder. WJHL has the story.

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