I 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.
If there is an ‘overabundance’ 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 ‘un-skew,’ rather than skew, public discourse.
Interpretation
What this quote means
The quote suggests that when there is too much emphasis on a particular idea without government intervention, actions against that idea can help balance public discussion.
Elena Kagan's quote discusses the concept of public discourse and how an imbalance in the presentation of ideas can shape societal views. In scenarios where a dominant idea prevails due to lack of counteraction or government involvement, taking steps to challenge that prevailing idea may help restore equilibrium in the discussion. This points to the role of governance in fostering a healthy marketplace of ideas where diverse perspectives can flourish and be debated fairly.
Themes
In practice
Example use cases
This quote can be used in a political debate to emphasize the necessity of diverse opinions.
More from Elena Kagan
All quotes →To have the opportunity to lead the Solicitor General's office is the honor of a lifetime. As you know, this is an office with a long and rich tradition, not only of extraordinary legal skill but also of extraordinary professionalism and integrity. That is due, in large measure, to the people who have led it.
American radicals cannot afford to become their own worst enemies. In unity lies their only hope.
When the Senate ceases to engage nominees in meaningful discussion of legal issues, the confirmation process takes on an air of vacuity and farce, and the Senate becomes incapable of evaluating nominees or appropriately educating the public.
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.
It'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.
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