Woodward: Breyer Felt He Was Forced Out to Make Way for a Younger Appointee; Kagan Was Not Happy

October 26, 2026

It seems that Woodward is uncovering details about living sources.

The New York Times issued additional passages from Bob Woodward’s forthcoming book. It appears that Woodward has material involving Justices Breyer and Kagan:

Woodward also documents interactions with other, more recent justices. He notes that his wife, Elsa Walsh, a former reporter for The Post and The New Yorker, was seated beside former Justice Stephen G. Breyer at a dinner, and he told her that he had been “forced out” to create space for a younger person on the court.

He also recalls meeting Justice Elena Kagan at a Washington party in 2023. Justice Kagan expressed admiration for “The Brethren,” and Woodward observed that the central point was how the court’s ideological center dominated during that era. “Yes, I prefer it that way,” Justice Kagan said. “That’s exactly what it should be.”

When asked if she was happy on the court, Justice Kagan replied that she was not, given the circumstances.

I don’t think Justice Breyer has grounds to complain to a reporter’s wife about being pushed out. It was his choice. No one forced him to step aside to make way for Justice Jackson. But he yielded. By contrast, Justices Thomas and Alito resisted all of the pressure.

As for Justice Kagan, does she truly want the Court to be governed by the “ideological center”? Would the center of the Court have been Merrick Garland? I don’t doubt that she is unhappy.

Natalie Foster

I’m a political writer focused on making complex issues clear, accessible, and worth engaging with. From local dynamics to national debates, I aim to connect facts with context so readers can form their own informed views. I believe strong journalism should challenge, question, and open space for thoughtful discussion rather than amplify noise.