There’s a lot of buzz lately surrounding the Supreme Court.
There’s rumors Justice Ruth Bader Ginsburg may retire soon and the nation’s highest court has also delivered two major victories to President Donald Trump.
Now, Justice Elena Kagan just made a jaw-dropping announcement that has many Democrats fuming.
During an appearance at UC-Berkeley, Kagan delivered an interesting message to the law students in attendance: Politicization of the high court is “overblown” and it’s important for justices “to reach consensus.”
“Does the fact that we live in a polarized world increase the responsibility of the court to think about these questions, to behave in a non-polarized fashion?” Kagan said.
“I think it does. I think we have to understand the world we’re living in and try, to the extent we can, to find common ground, to try to the extent that we can to reach consensus, to try to the extent we can to see how the world looks from another point of view,” she added.
During the court’s 2018-2029 term, there were only 17 cases in which justices — one way or another — divided 5-4 in their decision-making.
Of those 17, conservatives formed the majority in seven cases.
Her points is that while conservatives have a 5-4 majority, the Supreme Court is not “politicized” and the 9 Justices are still more than capable of reaching decisions based on the rule of law, not politics.
Kagan argued that one cannot simply look at the handful of contentious cases and claim the Supreme Court has become partisan.
Instead, she says the court’s entire activity proves that the 9 Justices continue to agree on an overwhelming majority of cases.
In that last two terms, Kagan noted that roughly 40 percent of the Supreme Court’s cases were decided unanimously, and majorities of at least seven decided over half.
This statement, coming from one of the Court’s most liberal members, must have been quite something for liberals to hear — especially Democratic lawmakers who continue to argue that the Supreme Court must be “packed” and “overhauled.”
Several 2020 Democratic presidential candidates and other prominent Democrats have been advocating for “packing the Supreme Court” with more liberal Justices.
Surprisingly, the liberal Justices on the court have come out against other Democratic pipe dreams.
Last month, Supreme Court Justice Ruth Bader Ginsburg smacked down an idea from socialist Rep. Alexandria Ocasio-Cortez to abolish the Electoral College.
RBG said Americans should focus on change that is realistic rather than going after something as radical as abolishing the system used for hundreds of years to decide the winner of presidential elections in the United States.
“It’s largely a dream because our Constitution is hard to amend,” Ginsburg said. “I know that from experience.”
Ginsburg is arguably the most liberal justice on the Supreme Court.
The fact that she is against Ocasio-Cortez’s idea of abolishing the Electoral College is a big deal — and it likely won’t sit well with Democrats.