Kagan Speaks Out on SCOTUS Ethics Crisis

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Kagan Speaks Out on SCOTUS Ethics Crisis
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That stature has taken a beating in recent years for at least two reasons. One is the view that the Supreme Court is just another political institution.

Justice Elena Kagan, the former dean of Harvard Law School, weighed in last week publicly on what is really a crisis facing the United States Supreme Court. The crisis centers on ethics and, more broadly, the legitimacy of the court as an institution.

"When all of these are falling six to three," she said, "it doesn't strike me as surprising that people would talk about that." "You're right that there have been times recently where there have been ideological divides with one side overturning precedent. I'm hopeful that it won't have that year after year, case after case. At least it shouldn't. ... When courts just overrule things, willy-nilly, it's usually because, or sometimes it's because, new judges have come on the scene."

I'm not suggesting that either of those justices changed their votes on critical cases because of the gifts or trips or vacations. Thomas and Alito are solidly in the conservative bloc, trips or no trips. But the appearance of impropriety is telling.

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