Breaking – Justice Kagan Endorses Mob Rule

The race for the most non-judicial Supreme Court justice has been neck and neck between “Wise Latina” Sotomayor and “What is a Woman” Brown-Jackson. But now Justice Elena Kagan is making a late race move and has taken a commanding lead.

While speaking at a judicial conference in Montana, she said a few things that were so absurd that either she hasn’t read her job description, or she thinks we’re too dumb to understand her proper role in government. But the things she said are so outrageous, she’d have to be stupid to think we’re that stupid.

Idiotic statement number 1 – Kagan said:

I’m 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.

I find it highly disturbing that a sworn guardian of our Constitution – which defines the type of government we have – doesn’t know what type of government we have. She is supposed to be one of our nation’s 9 most learned scholars on the subject, who has sworn an oath to defend the Constitution. Yet she openly claims that America is something other than what it is.

America is not a democracy. We are a republic – and for good reason. Our founders understood that no democracy has ever withstood 51 percent of the population, discovering that they can loot everything owned by 49 percent of the population with a simple, lawful vote. A democracy is simple majority vote to make nationwide decisions. It has been tried before, yet has failed spectacularly each time for one simple reason. Mobs are more passionate than they are intelligent.

America was founded as a republic so that our thoughtful representatives (can’t believe I just wrote that) and justices could moderate the passions of the majority. Our elected leaders are tasked with preventing the majority from becoming a mob. Further, we have agreed to be governed consistent with the Constitution, to assure adherence to the principles under which our republic was founded. The desires of the majority are irrelevant unless and until the majority lawfully amends the Constitution. Apparently, they didn’t cover such advanced concepts when Kagan attended Harvard Law School.

Idiotic statement number 2 – She didn’t stop there. Justice (I can’t believe that’s her real title) Kagan also said:

Overall, the way the court retains its legitimacy and fosters public confidence is by acting like a court, is by doing the kinds of things that do not seem to people political or partisan.

She’s right that acting like a court and appearing to not be political would be a good thing. But taken along with the first quote she is saying that being in touch with public opinion is the way to avoid appearing political. Kagan is saying the court loses legitimacy when it strays from public opinion. Um, no! The court loses legitimacy when it strays from the law – which in the case of the Supreme Court is represented by the Constitution. You know, that document the honorable Justice Kagan has sworn to defend – but apparently hasn’t actually read.

Maybe that’s why Kagan and her fellow leftists have been so carefree about deviating from the Constitution. Perhaps they never read Article III and think public polling is part of the judicial deliberation process. What Kagan seems to be advocating is:

• Ignore the text of the Constitution (as we’ve seen)
• Ignore her oath to defend the Constitution (as we’ve seen)
• Listen to the arguments in any given case
• Take a poll
• Give the mob what they want
• Bask in the adoration of the mob

That would explain a lot about her decisions over the past 12 years.

Sorry Justice “Mob Rule” Kagan, the thing that gives the court legitimacy is the Constitution that chartered it, and the fact that we as Americans have made a pact to abide by that Constitution. It is our commitment to each other to behave in a civilized manner. Take away that pact, and civilized behavior will be the first casualty.

If Kagan is endorsing mob rule – and it sure seems like she is – she is undermining the Constitution, and rendering the court she sits on illegitimate.

If public opinion is all that matters, we don’t need a Supreme Court. Let’s just take a majority (democratic) vote on every case. We have the technology for that. American Idol does it every week. Maybe the court can provide us all with an app from the Google store. We can dispense with the laws and judges who interpret them. Just find out what the public sentiment is for each case.

We have a constitution which enshrines the rights of the individual – not the rights of the mob. It ensures that individual rights supersede the passions of the mob. Our Supreme Court is supposed to ensure that those principles are honored. The court is not chartered to shift with the changing wind of public opinion – as Kagan would have us believe. Justices on the court are sworn to stand athwart the mob and protect our agreed form of justice and the rights of individuals. Does she not see that surrender to public opinion will inevitably breach that duty?

I have a few questions for Justice Kagan. What is her opinion on the subject of equal treatment under the law? Does she subscribe to that notion? If so, then the law (and the Constitution) supersedes public opinion.

Or is she a “show me the man and I’ll show you the crime” kind of gal? Because if that’s her judicial philosophy, we don’t need judges. We can get the job done with prosecutors, a Washington DC jury, and some thugs to carry out the sentence. Antifa would be happy to serve.

According to an AP poll, only 34 percent of Americans support abortion past the first trimester. In light of that, would Justice Kagan like to change her position on the Dobbs case? Surely, she would like to make that change to avoid the danger of losing the court’s “connection with the public and with public sentiment.” Or is compliance with public sentiment not really her guiding judicial philosophy? Has she really been lying to us about all of this – to push an ideological agenda?

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