The Supreme Court, of course, has the responsibility of ensuring that our government never oversteps its proper bounds or violates the rights of individuals. But the Court must also recognize the limits on itself and respect the choices made by the American people.
Elena KaganSuppose a State said that, Because we think that the focus of marriage really should be on procreation, we are not going to give marriage licenses anymore to any couple where both people are over the age of 55. Would that be constitutional?
Elena KaganIf there is an โoverabundanceโ of an idea in the absence of direct governmental action - which there well might be when compared with some ideal state of public debate - then action disfavoring that idea might โun-skew,โ rather than skew, public discourse.
Elena KaganAmerican radicals cannot afford to become their own worst enemies. In unity lies their only hope.
Elena Kagan