In a set of remarks delivered ahead of the Ninth Circuit Judicial Conference, Justice Elena Kagan challenges the prevailing liberal portrayal of the Supreme Court.
Several legal observers and political analysts contend that the Court has gone out of its way to curry favor with, or endorse, actions taken by the Trump Administration. In comments presented at the Ninth Circuit Judicial Conference, and summarized by Politico, Justice Elena Kagan pushed back against this widely held interpretation.
According to Politico:
“I don’t view this institution as a forum that merely rubber-stamps whatever the current administration opts for. Far from it,” Kagan told attendees at the conference on Thursday. “That characterization is unfair.” . . .
Kagan, who is widely regarded as a liberal justice and a nominee of President Obama, described the 6-3 ruling invalidating Trump’s tariffs as remarkable.
“Tariffs represent perhaps the president’s central policy matter. It’s something he campaigned on, he put a great deal of energy into,” she stated. “I don’t think there are many recent instances where a court has struck down such a significant policy of a sitting president.”
The Court being conservative in its decisions does not imply that it is under the influence or control of President Trump.
“One has to acknowledge that a conservative court is issuing rulings that conservative jurists have long believed to be appropriate. I may find that disagreeable, but I don’t see this as evidence of the Court becoming an arm of today’s administration,” she said.
Kagan also remarked that the justices did not appear affected by President Trump’s choice to attend oral arguments in the birthright citizenship case—an area of significant concern to him—and in which the Court rejected his position, while even some dissenters questioned the scope of the Trump Administration’s stance.
“From the Court’s perspective, it felt almost like a routine proceeding,” Kagan observed in her first public comments on the unusual spectacle. “Honestly, the courtroom atmosphere resembled that of any ordinary day.” . . .
Kagan added that Trump exited the courtroom roughly halfway through the two-hour session. “The argument was lengthy. You could tell he probably had other engagements,” she said.
“So, I’m not sure. I suspect he may not return,” she concluded, drawing a chuckle from those present.
