BELLEVUE, Wash. (AP) – Justice Elena Kagan, one of the three liberal justices on the U.S. Supreme Court, addressed an audience of lawyers and judges from the 9th U.S. Circuit in Bellevue, Washington, on Thursday. She emphasized that while the current court leans conservative, it is not merely a rubber stamp for President Donald Trump. Kagan pointed out that there have been significant instances where the court has limited the powers of the executive branch.
Kagan noted that although the court has sided with the Trump administration in the majority of cases thus far, including upholding his immigration policies and expanding his authority over federal regulatory agencies, there have been notable decisions where the court did not grant the president's requests. She mentioned rulings that rejected Trump’s sweeping tariffs and attempted efforts to strip birthright citizenship from the children of undocumented immigrants. In her own words, Kagan stated, “Is this court very conservative? Does it do a bunch of things that are out of the playbook of the conservative legal movement that I think are deeply wrong? You know, yes. But is this court the kind of puppet for the current administration? I think definitely not.”
Public trust in the Supreme Court has been at historic lows, with critics suggesting that justices might be motivated by political influences. Trump has directly criticized justices who ruled against him, while Kagan’s fellow liberal justice, Ketanji Brown Jackson, expressed concerns earlier this year about the court being perceived as political after a ruling that weakened the Voting Rights Act and struck down a majority-Black district in Louisiana.
Chief Justice John Roberts has also addressed the notion that the justices operate as political actors, insisting it represents a misunderstanding of the court's role. Kagan’s remarks were seen as an echo of this sentiment as she navigates her role as a bridge-builder among the justices. Her comments followed her testimony before Congress alongside conservative Justice Amy Coney Barrett on various issues, including security threats facing the court.
Kagan reiterated her belief in the importance of establishing a committee of retired judges to enforce the Supreme Court’s first code of ethics, which was adopted in 2023 amid criticism over undisclosed trips and gifts received by some justices from wealthy benefactors. She indicated that while the justices are taking the ethics code seriously, there are differing opinions on its enforcement, and no definitive conclusions have been reached yet.
Reflecting on a historical moment from the court's past term, Kagan recounted how Donald Trump attended oral arguments regarding his birthright citizenship order, marking the first time a sitting president has done so. She described it as largely a “non-event” for the justices since he sat in a location that was not prominently visible, which led many in the audience to be unaware of his presence. Kagan humorously remarked that as Trump left halfway through the arguments when the opposing side began their case, it seemed like he had “other things to do,” comparing it to her experience with presidents where their entrance would usually evoke a formal acknowledgment.
In her discussions, Kagan provided valuable insights into the current dynamics of the Supreme Court, underscoring its independence even amidst a conservative majority. Her acknowledgment of the tension between political perceptions and judicial integrity highlights the complexities surrounding the nation’s highest court.
