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In rare remarks, Justice Elena Kagan said it would be a “dangerous thing for democracy” if the American public lost confidence in the Supreme Court.

Justice Elena Kagan

At a judicial conference in Montana, Justice Kagan said “I’m not talking about any particular decision or even any particular series of decisions, but over time the court loses all connection with the public and with public sentiment. That’s a dangerous thing for democracy.”

Justice Elena Kagan

Justice Kagan also issued a warning saying there have been times in history when the supreme court has been “unconstrained and undisciplined….when justices have attempted to basically enact their own policy or social preferences.” She added that the supreme court’s current justices have an obligation to defend against that.

The Justices remarks come during a time when public confidence in the current supreme court is at an all-time low in America. According to a Gallup poll, 25% of Americans have “a great deal” or “quite a lot” of confidence in the supreme court. This is down from 36% from the previous year. Similar polling from other left and right-leaning companies show a similar drop in public confidence in the supreme court, ranging between 16% and 41%.


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