Kagan: Judges Have to Exercise Judgment

Sen. Amy Klobuchar asked Solicitor General Kagan this morningwhat she thinks of Chief Justice Roberts famous “balls and strikes” metaphor of judging. Kagan answered that the metaphor is correct in that judges have to be neutral and fair, and “realize that they are not the most important person in the system of government.”

But, she added, she disagreed that judging is a “robotic” enterprise…especially in the tough cases that come before the Supreme Court.

“Judges do have to exercise judgment,” Kagan said, “They're not easy calls. That doesn't mean that they're doing anything other than applying law. … But we do know that not every case is decided 9-0, and that's not because anybody's acting in bad faith. It's because those legal judgments are ones in which reasonable people can reasonably disagree sometimes.”

It’s nice to hear a nominee and a senator discussing the Court’s work in an honest—and nuanced—way.

[Updated with polish transcript]
 

PFAW