SCOTUS Justice Says Court’s Legitimacy Is In Play

( )- Elena Kagan, a justice on the Supreme Court, has expressed concern that the court’s legitimacy is in jeopardy due to the recent Dobbs ruling, which restricted women’s access to abortion services.

According to a report initially published by Reuters, Kagan stated on Thursday during a conference that the legitimacy of the Supreme Court is directly correlated to the court’s ability to adhere to popular opinion.

At a judicial conference in Montana, the justice stated that she’s not talking about any particular decision or even any particular series of decisions, but if, over time, the court loses all connection with the public and with public sentiment, that’s a dangerous thing for a democracy. She was clear that she was not referring to any specific decision or series of decisions, but not everyone was convinced she wasn’t speaking about the recent abortion ruling.

Dobbs v. Jackson Women’s Health Organization was a landmark case in which the Supreme Court overturned Roe v. Wade and returned authority over abortion decisions to the individual states. Justice Elena Kagan, a liberal appointed to the Supreme Court by former President Barack Obama, voiced her disagreement with the majority opinion in this case.

Kagan was one of Obama’s Supreme Court appointments.

Kagan frequently opposed the majority opinion during the most recent term on the Supreme Court, which included several contentious judgments regarding matters such as gun rights and the Environmental Protection Agency (EPA).

During the conference, Kagan stated that the Supreme Court must maintain its nonpartisanship and objectivity to maintain its legitimacy.

“Overall, how the court keeps its legitimacy and develops public confidence is by acting like a court,” she added. “This is accomplished by doing the types of things that do not seem to people to be political or partisan.”

The court can only rule on the constitutionality of a law, not what the majority of people feel about it if it becomes law.

Kagan cited instances from the past in which justices on the Supreme Court failed to maintain self-discipline and, as a result, “attempted to enforce their policy or political or social inclinations.”

She said that this puts the credibility of the court in jeopardy.