Elena Kagan, Anthony Kennedy and Steven Briar discussed on Steve and Ted

Automatic TRANSCRIPT

Most dangerous branch inside the supreme court's assault on the constitution as you take a look at recent additions to the courts are are any of them notable in terms of how the impact this this danger that you see you start with Gorsuch, go all the way back to Kagan and soda or Roberts or as far back as you want to go. But any of these justices jump out at you. I assume Anthony Kennedy would be on the list. Well, I think Justice Kennedy was the worst offender he at least wasn't hypocritical because only rarely did he talk about deferring to other branches. He was usually quite proud. Road to substitute his judgment for what other branches or for or for what the people had decided themselves. I actually think that of the current eight justices Steven briar has shown the most difference to other institutions. He's voted for example, to uphold more acts of congress than any of the other justices and just a few weeks ago. Elena Kagan speaking out at UCLA law school talked about how an eight member court. Remember, the court now has an even number of justices because Kennedy is off of it just like I had an even number of justices after Scully died when the Republicans refused to consider Mira Carlin and the court had eight justices for a year and a half Kagan noted that an even numbered court was necessarily more minimalist more modest more humble because you needed ineffective super majority you needed five of h. Justices five to three minimum to do anything. And she I think was suggesting I hope that maybe the court going forward will be that way. Now, a cynic would say she hopes that because the liberals now don't have control of the court, assuming Kavanagh's confirmed the conservatives will be indecisive control. But I also think that Kagan in her writing and in her teaching over the years. Remember, she was at Harvard Law School for a long time. She wasn't even a judge. He's the only member of the quarter wasn't a judge before becoming a Justice. I mean Kagan is splayed

Coming up next