In Bellevue, Washington, Justice Elena Kagan spoke about the U.S. Supreme Court’s dynamics, highlighting that while the court leans conservative, it has not simply supported President Donald Trump without question. Kagan, one of the three liberal justices, noted instances where the court has acted as a check on the executive branch’s power.
The court often ruled in favor of the Trump administration, supporting policies like immigration reform and expanding federal regulatory powers. However, Kagan cited pivotal cases where Trump faced opposition, such as in his attempt to enforce sweeping tariffs and to challenge birthright citizenship for children of undocumented immigrants in the U.S.
Addressing concerns over the court’s perception, Kagan acknowledged its conservative nature but emphasized its independence. Recent polling indicated a decline in public trust in the Supreme Court, with criticisms about potential political motivations among its justices. Chief Justice John Roberts also countered these perceptions, stressing that justices are not political activists. Kagan echoed this sentiment, suggesting the court’s independence remains intact.
During her recent congressional testimony alongside Justice Amy Coney Barrett, Kagan discussed security concerns and other court challenges. She reiterated the importance of enforcing the Supreme Court’s newly adopted code of ethics amid scrutiny over justices’ undisclosed interactions with wealthy benefactors. While opinions vary among justices on how to implement the code, no final decisions have been made.
Kagan also provided insight into a notable event in the court’s recent term: President Trump’s attendance at oral arguments concerning his birthright citizenship directive. His presence, a first for a sitting president, was understated, with Trump quietly seated away from the bench without formal acknowledgment. According to Kagan, Trump’s presence was largely uneventful, and she mused about the likelihood of his return given the low-key atmosphere.