Kagan: Our Opinions May Leave Wrong Impression on Collegiality
Justice Elena Kagan says the Supreme Court’s opinions may leave the wrong impression.
Actually, the justices are warm and collegial, she said Tuesday at the Aspen Institute. The Aspen Times and the Aspen Daily News have stories.
“When you read the court decisions and often there are some pretty sharp give and takes, people accusing other justices on the other side of a wide variety of terrible conduct. And you kind of think, like gosh, they must hate each other,” she said. “The truth is it is completely not so.”
Kagan also spoke about the court’s free speech cases. “There is no question the court has a very expansive view of the First Amendment,” she said. She also admitted to self doubt when she joined the majority in striking down a ban on the sale of violent video games, according to the Aspen Daily News account.
“It was the case where I struggled most and thought most often I’m on the wrong side of it,” she said. She could see why California feared the bad effects of the games, she said, “but I couldn’t figure out how to square that with our First Amendment” precedents.
