I think as we have done more and more on this emergency docket, there becomes a real responsibility that I think we didn't recognize when we first started down this road, to explain things better.
Elena Kagan: “I think as we have done more and more on this emergency docket, there becomes a real responsibility that I think we…”
Editor's note · Context
Justice Kagan advocates for better explanations of emergency docket decisions.
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I don't see this as a court that is just like, 'We're just going to rubber stamp what the current administration does.' You know, quite the opposite.
We can't engage do our business, we can't engage in confidential communication, which is the best way to operate is to be fully open with one's colleagues about one's views and if you think that those views are going to appear on the front…
The leaks dramatically change the way we do business internally or at least has the potential to do so. The way we relate to each other depends so much on honest communication among the nine of us.
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.