In an era where the U.S. Supreme Court is often perceived as favoring conservative policies, the court’s actions show a more nuanced picture. Justice Elena Kagan, one of the court’s liberal voices, emphasized the court’s role as a check on presidential power, particularly in the context of the Trump administration.
Speaking in Bellevue, Washington to a group of lawyers and judges associated with the 9th U.S. Circuit, Kagan highlighted instances where the court has opposed President Trump’s initiatives. She pointed out that while the court has supported many of Trump’s policies, such as his immigration measures and his authority over regulatory agencies, it has also delivered rulings against him on significant issues like his proposed tariffs and attempts to revoke birthright citizenship from children of certain immigrants.
“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,” Kagan remarked. “But is this court the kind of puppet for the current administration? I think definitely not.”
Public trust in the Supreme Court has been waning, with some critics suggesting that justices are driven by political motives. President Trump has been known to criticize justices who rule against him. For instance, Justice Ketanji Brown Jackson expressed concerns over the court’s political perception after a decision that undermined the Voting Rights Act in Louisiana.
Chief Justice John Roberts has consistently defended the court against accusations of political bias, describing such views as misunderstandings. Roberts, along with the court’s liberal justices, has played a pivotal role in decisions against the Trump administration on issues like tariffs and birthright citizenship.
Justice Kagan also reiterated her stance on the court’s newly adopted ethics code, suggesting the formation of a committee of retired judges to ensure its enforcement. This comes amid criticism over undisclosed gifts to some justices. Although the ethics code is taken seriously, the court has yet to decide on its implementation.
During the court’s past term, a historic moment unfolded when President Trump attended oral arguments regarding his birthright citizenship order. Kagan described his presence as relatively subdued, noting that he sat quietly and departed midway through the proceedings, hinting at the ceremonial difference from his usual presidential appearances.
“He was just like a person who came in and sat down and then had to listen to an argument,” Kagan said. Reflecting on the event, she mused, “I think he probably won’t come back.”
