is a great honor to welcome you to the visiting scholar lecture with your supreme court justice elena kagan. i would like to give a warm welcome to some special guests whoco are here with us today. we are very honored to be joined by members of justice kagan's family. we are also honor to be joined by the daughter of howard trina and, and mary, as well as members of our judicial branch and a number of university leaders. i would also like to take a moment to thank our law school team for their wonderful work in bringing together today's event. since 1989 that visiting scholar program has invited a leading jurist to northwestern pritzker school of law to lecture and offer alumni, students and faculty with a perspective on the judicial process and contemporary legal issues. the program was established by partners to honor our esteemed alumnus howard in recognition of his service to the firm and to northwestern. he joined the law firm in 1949 as an associate. he came a partner in 1956 and headed the executive committee from 1977-1993. he also had a very long standing relationship with northwes

there was elena kagan tonight in new york reporting what she said earlier this summer about how when switch gears on the law because of a change of personnel, what does that do to public confidence in the court and to the court's legitimacy. >> and it's coming of course after you have a political process by how you have a supreme court confirmed. that's a very political-feeling thing. there's already mistrust issues. this adds to the idea of what's it all about. >> completely does. and this is -- this is her thing. but get this, laura, they disagree not just on cases, but they disagree on why people are questioning the court's legitimacy. just last weekend in colorado springs, the chief justice said, people shouldn't question the legitimacy of the court. it's just that they're disagreeing with the rulings. he's sort of side stepping this whole argument, saying, we don't have a crisis of integrity here. we don't have a crisis of legitimacy. we only have people disagreeing with our opinions. what he's ignoring is the fact that what people are seeing is a very politically motivated majo

powering possibilities. >>> new reporting this morning on the supreme court, justice elena kagan callsf a draft opinion striking down roe v. wade horrible and she says she expects justices to be given a status update by the end of the month on an investigation into the leak. in aappearance last night, she said i don't know anything, i suspect my colleagues don't know anything except the chief justice maybe about what the investigation has turned up, if anything, the leak is shocking and an obvious blatant violation of the court's rules. joining us now is cnn legal analyst joan biskupic. this, to be clear, this investigation, joan, has been under way since may when we saw this leak? >> yes, since the first weekend in may when they learned that politico had a copy of the draft opinion and so far no culprit has been caught as far as we know and justice elena kagan suggested that no one had been caught and that they will be getting some modest status report at the end of the month. it was interesting to hear her, a liberal, talk about how horrible the leak was. because as you know, a lot o

i don't think actually justice roberts behind closed doors would disagree with anything elena kagan saida consensus behind closed doors if you believe the reporting on the dobbs decision. >> it would have been better for the country and the court had he succeeded in my opinion. this is a cautionary tale about what happens when the supreme court gets politicized, as it has been. two members of the court didn't tell the truth and took the first overturn precedent. this is a cautionary tale about politicizing institutions that at best should be non-partisan. in recent past you hpeople not - >> i want to get to this final thing. this week louie gohmert presented a u.s. flag that flew above the capitol to a woman convicted for her role on the capitol attack. this was posted on the rioter's twitter account. what do we think? a u.s. congressman rewarding someone for participating in january 6th. >> if you want a museum piece for the insanity that has overtaken our politics in the wake of january 6th, this is it. it's not just because it's louie gohmert. the insanity of a member of congress givi

ladies and gentlemen, justice elena kagan. [applause] thank you so much. that was wonderful. >> thank you very much. [applause] [captioning performed by the national captioning institute, which is responsible for its caption content and accuracy. visit ncicap.org] >> this week on the c-span networks, the house and senate are both in session and both chambers are expected to take up a short terms venting bill -- spending bill. on thursday, for the first time since taking over as director of the federal bureau of prisons, he will testify -- she will testify before the senate judiciary committee. watch live on c-span networks or c-span now, our free mobile video app. head over to c-span.org for scheduling information. c-span your unfiltered view of government. >> listening to programs on c-span through c-span radio app just got easier. tell yours mark speaker play c-span radio -- tell your smart speaker play c-span radio. weekdays at 5:00 p.m. and 9:00 p.m. eastern catch washington today for a fast-paced report of stories of the day. listen to c-span any time

ladies and gentlemen, justice elena kagan. [applause] >> thank you so much. that was wonderful. >> thank you very much. [applause] [applause] >> there was something entirely new that was just created by the national archives and fbi and searching former president's house. while you agree during the future of making records failed to national archives to be able to show what the process was in the decision-making was to be able to reach this to have greater transparency for the american people? >> thank you for the question. yes, i believe that transparency with this committee, i want to be responsive to requests if i am confirmed as archivist of the united states. once again i do want to state i don't know where we are in this department of justice, law enforcement process. but as a general statement you have my commitment that of a work with you and members of this committee to be as transparent as possible. thank you. >> you as archivist nominee calling shokin took questions from the synth homeland committee. watch the hearing in its entirety tonight at 8 p

supreme court justice elena kagan on the role of the judiciary in preserving democracy.then house speaker nancy pelosi holds a briefing where she talks about the proposal updating the nations energy permitting rules. later senate minority leader mitch mcconnell speaks about inflation and the economy. oco cspan2 is your unfiltered view of government. funded by these television companies and more including comcast. >> you think this is just a community center? no it is way more than that. comcast is partnering with 1000 committee centers to create wi-fi enabled lists of students from low income families can get the tools they need to be ready for anything. comcast support c-span as a public service. along these other television providers give you a front receipt to democracy. now available c-span shop, c-span 2022 congressional directory. go there today to order a copy of the congressional directory. this compact spiral-bound book as your guide to the federal government with contact information for every member of congress including bios and committee assignments. also con

ladies and gentlemen, justice elena kagan. thank you very much, that was wonderful. >> guest: thank you very much. [applause] >> c-span is your unfiltered view of government funded by these television companies and more including netco. . ♪♪ >> c-span is a public service along with other television providers giving you a front row seat to democracy. >> happening today, fema administrator criswell gives an update on how the agency is preparing for hurricane ian as it moves closer to florida streaming live on the free c-span now video apps at 10:00 am eastern. at the same time on c-span hearing on the effectiveness of sanctions against russia or its invasion of ukraine. at noon the house returns for general speeches, legislative work starts at 2 p.m. . there are several bills on the agenda including one that calls for the sanctioning of chinese government officials who

so let's dish. ( laughter ) chief justice roberts, in the past week, chief justice roberts and elena kagane to earn it through the value of their decisions? >> well, i think they do have to earn it. and they have earned it. and we're at a-- you know, we're at a very important tipping point for the court. >> stephen: what do you make of the people who call into question the court's legitimacy at this point? because it's so divorce from the will of the people, given how the court was constructed over the last decade. >> we could have a long conversation about what the role of the court is. it's to interpret the constitution. but this is a court that's more conservative than any court i think in probably 90 years. and it's also what one scholar called "the yolo" court-- you only live once. and some of these folks-- some of these folks act as if they're going to be gone tomorrow because they're grabbing cases like there is no tomorrow. >> stephen: how does roberts-- behind closed doors, he seems publicly quite determined to keep the idea that the court is an apolitical institution. and that th

exit next, justice elena kagan on threats to democracy in the role of the judiciary branch in preserving it during a discussion at regina university in rhode island. [applause] [applause] and i just say how glad i am to be here? >> is not my first trip to newport. when the synagogue asked me too come. we just let everybody know this any other religious affiliations you want to invite me too newport i'm good with that this is such a beautiful campus for the more i learned about the university in the days and weeks leading up to this event, the more impressed i have become. so it is a real honor to be here and to be with people who, as the president said are deeply committed to public service of various kinds. so thank you very much for giving me the chance for a quick thank you very much for being here. we're thrilled to have you here. most of the folks here are graduates, a lot of time to do events like this at law schools. >> it is been a while since i was in a college or speaking to non- law students. if i ever start may being too in the weeds. you will just tell me. your reluctance mi

. >> recently, supreme court justice elena kagan talked about the legitimacy of the supreme court and her judicial philosophy. this took place at northwestern university in chicago. democracy. >> recently supreme court justice kagan talked about the legitimacy of the and took place in chicago. [applause] [indiscernible] >> good afternoon everyone. it is a great honor to welcome you to the howard visiting scholar lecture with u.s. supreme court justice kagan and give a warm welcome to special guests. we are honored to be joined by members of justice kagan's family. we are honored to be joined the daughter of howard treen. d.m. anand: as well as members of our judicial branch and number of university leaders. i would like to take a moment to thank our law school team in bringing together today's event. since 1989, the scholar program has invited a leading jurist to lecture and offer alumni, students and faculty with a perspective on the judicial process and the program was accomplished by howard treen and in recognition to the firm and to northwestern. he joined as an associate and beca

justice elena kagan has repeatedly spoken out over the issue during the court's summer recess.here she is speaking at northwestern university's pritzker school of law on september 14. >> when we are talking about legitimacy of the courts, a prevents people from thinking it is all about politics. if a new judge comes in, if there is new members of the court and all of a sudden everything is up for grabs, all of this side and very fundamental principles of law are being overthrown, are, you know, replaced, then people have a right to say, what's going on? that does not seem very low light. amy: justice samuel alito, who authored the dobbs decision in june allowing states to once again ban abortions, told the "wall street journal" this week, "saying or implying that the court is becoming an illegitimate institution or questioning our integrity crosses an important line." chief justice john roberts has also criticized justice kagan's remarks. the house january 6 committee has interviewed far-right activist ginni thomas about her efforts to help donald trump overturn the 2020 electi

john roberts, elena kagan gave dueling statements last week about the legitimacy of the courts.thing is change lady justice is not a look at the show we want to get lady justice tonight to talk about it. why this book and why now? >> i think this is a love letter to the law and the rule of law in the women who worked a way for all of years of the trump administration. quietly twilight -- winning the loss, it's not getting enough attention. and in my view, it's bolstering the rule of law through really, really challenging times. and one of the things that i want to think about. especially in lieu of the last segment that you just did, law really can and does save us. we cannot give up on the rule of law. we can say that the court is being lawless. we can say that judge elise cannon is being lawless. but the laws only thing we have. what left if we don't have the law is fighting on the streets. i'm not prepared to go there. these are my think led the way. >> the book is lady justice, the women, the law, the battle to save america but our lady justice. tally elizabeth, thank you fo

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elena kagan said it could be asking like a court, not a group of partisans. taken issue with this and just this week, samuel alito, who wrote the opinion last june rolling back a half century of abortion rights, said it's okay for feel free to distress disagreement, but saying or implying that it's becoming an illegitimate institution or questioning our integrity crosses an important line. it almost felt like a warning of sorts, but just think of how much this court affects american life, so you understand why dissenting liberals would be complaining and you would also understand why the public itself is concerned about the justices rolling back precedent and voting along lines that look highly partisan. >> and there are a lot of progressives and democratic senators who think that justice alito and others misrepresented their views in confirmation hearings. public trust in the institution, the judiciary is plunging. tell us more about that. >> the recent gallop poll shows that 58% of the people polled felt like the court was not performing the way it should.

justice elena kagan openly discussing the matter in recent appearances with conservative justice samuelhief justice john roberts responding. >> the thing that builds up reservoirs of public confidence is the court acting like a court and not acting like an extension of the political process. if over time the court loses all connection with the public and with public sentiment, that's a dangerous thing for a democracy. >> simply because people disagree with an opinion is not a basis for questioning the legitimacy of the court. >> justice alito who wrote the dobbs decision overturning roe v. wade telling "the wall street journal" saying or implying that the court is becoming an illegitimate institution or questioning our integrity crosses an important line. all of this as public confidence in the highest court in the land wanes. a new poll showing a majority of americans disapprove of the job the court is doing. joining me now emily basilon from "the new york times" and alencis johnson from the social impact agency. thank you both for being here. i'd like to get your reaction to the inves

john roberts and elena kagan gave tooling statements.hat the public sees the courts is illegitimate. nothing has changed. and then keegan i think in the honda death quite way was pretty clear that the court is the courts own legitimate silly problem. >> lady justice's arctic name for danya lynch look at the show. and we have an important supreme court case will say can we get lady justice tonight to talk about it. why this book, why now? >> i think this is kind of a love letter to the law and the rule of law. and to the women who worked a way for all the years of the trump administration. quietly toiling in the vineyards. and winning the lawsuits, not getting enough attention in my view. and bolstering the rule of law through really really challenging times. and one of the things i want us to think about, especially in lieu of the last segment he just did. is that the law really can and it does save us. we cannot give up on the rule of law. we can say that the court is being lawless we can say judge aileen khilan is being wallace but the

elena kagan saying the court needs to act like a court to keep the americans' faith.legitimacy. you have this question of legitimacy now with women in the position of being the ones arguing for progress. meanwhile, there is one woman on the other side arguing on the other side of that. and there's another woman who is not on the court, she's the wife of a supreme court justice, literally trying to overturn an -- battle among women for what progress means for us. >> i think that is right. i think that you can't fail to miss on one side, amy coney barrett represents, i think it's fair to say, a very theology inflected view of the long constitution, and we certainly saw that in the dobbs case, when her argument was, why not force women to bear children? they can just dump them off at a fire station, no harm, no foul. that's not the women first view or even a medically sound view. i think the other part of what you are saying, the part that breaks my heart, here we are, if you days on the first monday of october -- for the first time in history, we'll have c3 women consis

justice elena kagan is dissenting but it's not in an opinion. chief justice roberts as the legitimacy of the supreme court has been called into question for all the reasons you know we've covered on work roe being overturned after so many of this court pledged that's exactly what they wouldn't do. the court has the lowest ever approval ratings that have been registered. it has that decision i mentioned and chief justice roberted made his statement about the court, and in a way he seemed to fuzz or conflate the issues and blame others. >> lately the criticism is phrased in terms of, because of these opinions it calls into question the legitimacy of the court. we don't want to political branches telling you what the law is, and you don't want public opinion to be the guide of what the appropriate decision is. but simply because people disagree with an opinion is not a basis for questioning the legitimacy of the court. >> chief justice roberts suggesting that people are only going off their personal opinions, and it is true personal disagreement wi

elena kagan talks about the supreme court inserting itself in hot button issues. at 8:00, an author on the life of a small appalachian town. later, kevin mccarthy makes the case for why voters should vote republican in the midterm elections. >> incorporated in 1884, it is a small mining town in eastern kentucky. tonight, an author who was a former reporter in louisville, shares his book in which he discusses the impact of closing the coal mine. >> appalachia as a region lags behind the rest of the country when it comes to almost every economic measurement. eastern kentucky lags behind the rest of appalachia. we are talking about the region of appalachia from the standpoint of generational struggle. >> tonight at 8:00 p.m. eastern on c-span. you can listen to all of our podcasts on our free app. >> week on c-span, the house and senate are both in session. both chambers are expected to take up a short term spending bill. on wednesday, the senate foreign relations committee will hear from treasury officials on the effectiveness of russian sanctions. on thursday, for

announcer: up next, justice elena kagan on threats to democracy and the role of the judiciary branch in preserving it during a discussion at regina university in rhode island.

it was justice elena kagan who was asked about the legitimacy issue less than a month after the dobbsecision. she offered this diagnosis. the way the court retains its legitimacy and fosters public confidence is by acting like a court, by doing the kind of things that do not seem to people like partisan moves, by not behaving as though we are just people's individual political or policy or social preferences that we are making everybody live with but instead acting like a court, doing something recognizably law like. that is where we gain legitimacy, she says. she says acting like a court means respecting precedent, applying traditional methodologies irrespective of outcome and not budging to make decisions more far-reaching than the case requires. people are suspicious if one justice leaves the court and dies and another justice takes his or her place and the law changes. that does not seem like law, she said. she stopped short, taking pains to insist she was not talking about any particular decision or set of decisions, but it was hard not to miss her meaning, especially if you had