Elena Kagan: “They're dangerous in terms of individual justices' security and they're not appropriate in the way to treat a coordinate…”

I will say that that’s an extremely difficult question for a pretty obvious reason, I think, which is that I don’t think that you would want an enforcement system that was controlled by the executive branch or by the legislature.

You relax strict scrutiny in one place, and all of a sudden, strict scrutiny gets relaxed in other places.

There are definitely questions about how it is appropriate to use that docket, when it's appropriate to use that docket, the standards to be applied.

You just have to deal with the fact that there's a conservative court doing things that conservative jurists have long thought it appropriate to do, and I can really dislike that.