I think that if there are positions that you can't argue... then the responsibility is probably to resign. If one's own conscience is opposed to the requirements and responsibilities of the job, then it's time to leave the job.
Elena KaganI do not espouse the unitarian position. President Clinton's assertion of directive authority over administration, more than President Reagan's assertion of a general supervisory authority, raises serious constitutional questions.
Elena KaganPerhaps most important, judges will have goals. And because this is so, judges will often try to mold and steer the law in order to promote certain ethical values and achieve certain social ends. Such activity is not necessarily wrong or invalid.
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 KaganIt's not that there are no masters, but that there are many. And the job of the solicitor general is to balance those masters and to accommodate them all, each in their proper places, wisely and well and in so doing to represent the people of the United States.
Elena KaganI owe a debt of gratitude to two other living Justices. Sandra Day O'Connor and Ruth Bader Ginsburg paved the way for me and so many other women in my generation. Their pioneering lives have created boundless possibilities for women in the law. I thank them for their inspiration and also for the personal kindnesses they have shown me.
Elena Kagan