The U.S. Supreme Court faces criticism from both political right and left, with President Donald Trump attacking the Court for rulings against his administration, and progressive activists pushing for court packing and judicial reforms to alter the Court's 6–3 conservative majority.
Liberal Justice Elena Kagan has responded by cautioning progressive critics against aggressive attacks on the Court. As reported by Josh Gerstein in Politico, Kagan rejected claims that the conservative majority is aligned with President Trump, stating, "I don't see this as a court that is just like, 'We're just going to rubber stamp what the current administration does.' You know, quite the opposite."
Kagan highlighted the tariffs case as evidence, where Trump lost 6–3, with Trump-appointed Justices Neil Gorsuch and Amy Coney Barrett ruling against him. She noted that it is rare for the Court to strike down significant policies of a sitting president.
While acknowledging progressive desires to use political power to transform the Court, Kagan and former Justice Breyer warn that court packing could be a "race to the bottom," ultimately harming liberals and Democrats by weakening the Court's ability to check presidential overreach, regardless of which party holds the presidency.
This stance suggests Kagan is urging a more measured approach to reform efforts, emphasizing the importance of preserving the Court's institutional integrity.
Sources:
- Reason: Elena Kagan's warning to progressives attacking the Supreme Court
- Politico (via Josh Gerstein reporting)
Loading comments.