Justice Kagan is warning us — and her colleagues

10/9/18
 
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from The Washington Post,
10/8/18:

Justice Elena Kagan, appearing with her colleague Justice Sonia Sotomayor, at Princeton University last week had timely observations as the Supreme Court added a self-revealed Republican partisan to its ranks. “All of us need to be aware of that — every single one of us — and to realize how precious the court’s legitimacy is,” she added. “It’s an incredibly important thing for the court to guard is this reputation of being impartial, being neutral and not being simply an extension of a terribly polarizing process.” She explained that without centrist justices such as Sandra Day O’Connor and Anthony M. Kennedy, the court and the country are now starkly divided into two camps.

In expressing trepidation about the loss of a centrist, Kagan implicitly conceded that on this court, everyone’s mind is already made up in advance on the cases that count the most and on which the country is bitterly divided. That is a horrible place for the court to be, for it defies the very notion of open-minded adjudication without bias.

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