Opinion | Elena Kagan’s ‘Political’ Supreme Court

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Justice Elena Kagan is the leading liberal on the Supreme Court now that Justice Stephen Breyer has retired, and she no doubt thinks of herself as an institutionalist. So it’s a shame to see her lending an assist to the current political attack on the High Court’s legitimacy.

“When courts become extensions of the political process, when people see them as extensions of the political process, when people see them as trying just to impose personal preferences on a society irrespective of the law, that’s when there’s a problem—and that’s when there ought to be a problem,” the Justice said Wednesday at Northwestern University School of Law.

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