I am not sure I understand Justice Kagan. She seems to indicate that it is okay for some members of the Supreme Court to be biased and partisan. The merits of a particular case are meaningless, just as long as there is an appearance of impartiality. So much for judicial temperament.
Kagan: Not Clear Whether There Will Be a ‘Middle Position’ on SCOTUS Going Forward
Associate Justice Kagan, United States Supreme Court
“I think it’s been an extremely important thing for the court that in the last, really 30 years, starting with Justice O’Connor and continuing with Justice Kennedy, there has been a person who people — found the center where people couldn’t predict in that sort of way. And that’s enabled the court to look as though it was not owned by one side or another…”