Justice Elena Kagan addressed an audience of lawyers and judges from the 9th U.S. Circuit in Bellevue, Washington, on Thursday, asserting that the Supreme Court maintains independence despite its conservative composition. While acknowledging the court’s rightward ideological direction, Kagan emphasized that the institution has demonstrated willingness to check executive power on significant matters.
Kagan noted that although the Trump administration has prevailed in the majority of cases before the court, the justices have ruled against the president on notable issues. She cited decisions rejecting his proposed tariffs and efforts to eliminate birthright citizenship for children of undocumented immigrants as examples of the court exercising restraint. Kagan stated explicitly that she does not view the court as functioning as a tool of the current administration, despite characterizing many of its decisions as reflecting conservative legal philosophy that she fundamentally opposes.
The justice’s remarks come amid broader concerns about institutional credibility. Public confidence in the Supreme Court has reached historic lows in recent years, with critics questioning whether political considerations influence justices’ decisions. Trump has publicly criticized justices who rule against his positions, and fellow liberal Justice Ketanji Brown Jackson previously warned that the court risks being perceived as partisan. Chief Justice John Roberts has actively countered suggestions that justices act as political actors, characterizing such characterizations as misunderstandings.
Kagan’s comments echoed a bridge-building approach, following her recent testimony before Congress alongside conservative Justice Amy Coney Barrett on security threats and court-related issues. She reiterated support for a committee of retired judges to enforce the Supreme Court’s first ethics code, which was adopted in 2023 amid controversy over undisclosed benefits received by certain justices. Kagan noted that while the court takes the ethics code seriously, disagreement persists regarding its enforcement mechanism.
Kagan also reflected on Trump’s historic appearance at oral arguments concerning his birthright citizenship order, marking the first time a sitting president attended such proceedings. She characterized the event as largely inconsequential from the bench’s perspective, noting that Trump sat in an area normally reserved for members of Congress, away from the justices’ direct view. Few audience members even noticed his presence, and he departed after approximately half the arguments concluded.
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