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Bush) had this to say in a comment to The Wall Street Journal: “It goes without saying that everyone is free to express disagreement with our decisions and to criticize our reasoning as they see fit. Kagan’s colleague Justice Samuel Alito (also appointed by George W. “If, over time, the court loses all connection with the public and with public sentiment,” Kagan added, “that is a dangerous thing for democracy.” “The thing that builds up reservoirs of public confidence is the court acting like a court and not acting like an extension of the political process.” “The very worst moments have been times when judges have even essentially reflected one party’s or one ideology’s set of views in their legal decisions,” Kagan said. Kagan said that the conservative majority had damaged the court’s credibility with the public in decisions that seemed to track the political and ideological interests of the Republican Party more than any coherent interpretation of the Constitution. In a talk last month, Justice Elena Kagan (a Barack Obama appointee) rejected this view, responding to Roberts even if she did not name him directly. You don’t want the political branches telling you what the law is, and you don’t want public opinion to be the guide about what the appropriate decision is.” Roberts added that “if the court doesn’t retain its legitimate function of interpreting the Constitution, I’m not sure who would take up that mantle. “Simply because people disagree with opinions is not a basis for questioning the legitimacy of the court,” he told an audience of judges attending a conference in Colorado Springs.

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Bush appointee), defended the court against attacks on its legitimacy from Vice President Kamala Harris and other critics of its far-reaching decisions in Dobbs, New York State Rifle & Pistol Association v. More recently, the chief justice of the United States, John Roberts (a George W. And then I wonder when they’re gone or destabilized, what we’re going to have as a country.” “I wonder how long we’re going to have these institutions at the rate we’re undermining them. “What happened at the court was tremendously bad,” Thomas said in May. Bush appointee) warned that such leaks, as well as protests against the justices, would fatally weaken the court as an institution. Jackson Women’s Health Organization, Justice Clarence Thomas (a George H.W. In the wake of the leak of what would become, with just a few tweaks, the Supreme Court’s majority opinion in Dobbs v. In recent months, several justices have spoken out on the question of the court’s power and legitimacy, which are inextricably tied up with each other. My use of the word “legitimacy” is an obvious giveaway that I’m talking here about the Supreme Court. You should - you must - do everything you can to shepherd and preserve your legitimacy in the eyes of those who effectively grant the power you wield. If you depend on customs and norms to exercise your will, if other people have to believe that you are a powerful actor in order for you to be a powerful actor, then you have to be mindful of the reality of your position. It is especially important to remember this rule when your power rests on something other than brute force. To buy your own hype or indulge your own propaganda - to treat your image as reality and close yourself to criticism and critique - is to court disaster. Put differently, it is important for people in positions of influence to stay aware of the limits of their perception and ability.

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One of the cardinal rules of power, as Christopher Wallace once said in the fourth of his “Ten Crack Commandments,” is to never get high on your own supply.












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