Has This Lady Read The U.S. Constitution?

On Friday, The Hill posted an article about a recent comment by Supreme Court Justice Elena Kagan.

The article reports:

Supreme Court Justice Elena Kagan said on Thursday at a conference that the legitimacy of the Supreme Court is tied to its conformity to public opinion, Reuters first reported.

“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,” Kagan said at a judicial conference in Montana.

…Kagan said at the conference that the court earns its legitimacy by remaining impartial and nonpartisan.

“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 said.

Kagan referenced times in history when Supreme Court justices failed to discipline themselves and instead “attempted to basically enact their own policy or political or social preferences,” saying that this puts court legitimacy at risk.

This is an amazing statement. The only thing the Supreme Court is required to be tied to is the U.S. Constitution.

On Saturday, Ed Morrissey posted the following at Hot Air:

Liberal Justice Elena Kagan said on Thursday that it would be a “dangerous thing for a democracy” if the conservative-majority U.S. Supreme Court loses the confidence of the American public.

Speaking in public for the first time since the court’s momentous ruling last month that overturned the landmark Roe v. Wade decision that legalized abortion nationwide, Kagan stressed the importance of the justices staying in their proper roles as judges and not dictating public policy.

The problem with Roe v. Wade actually had very little to do with abortion. The problem with Roe v. Wade was the Tenth Amendment.

The Tenth Amendment states:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Abortion is an issue that needs to be determined by every state–by legislators voted in by the people of that state and answerable to the people of that state. The Supreme Court simply overturned a decision that was unconstitutional. They did not end abortion–they simply left it up to each state to make the laws that the people in that state want.