Justice Elena Kagan pushed back against the notion that the U.S. Supreme Court has become a rubber stamp for President Donald Trump, during a speech at the Ninth Circuit Judicial Conference in Bellevue, Washington, on Thursday. While acknowledging the court is "really conservative," she argued it has checked the executive branch on significant issues Source: AP News.
Kagan highlighted the court's February ruling that struck down Trump's use of executive authority to impose tariffs on multiple countries, calling it a rare instance where a court invalidated such an important presidential policy Source: The Guardian. She also noted the court blocked Trump's effort to end birthright citizenship and his attempt to fire Federal Reserve Governor Lisa Cook Source: The Guardian.
Despite these examples, the court has sided with the administration on most cases, including upholding Trump's immigration crackdown and expanding presidential authority over federal agencies Source: AP News. Kagan acknowledged the court's conservative tilt, saying it does "a bunch of things that are out of the playbook of the conservative legal movement" Source: AP News. Three of the conservative justices were appointed by Trump. The court also allowed Trump to end deportation protections for Haitians, Syrians, and Venezuelans, and weakened the Voting Rights Act Source: The Guardian.
Kagan also addressed the court's ethics code, reiterating support for a committee of retired judges to enforce it, though noting differences among justices on enforcement . She offered a view of Trump attending oral arguments on birthright citizenship, calling it largely a "non-event" .
““Is this a really conservative court? The answer is yes. The second question is: is this a court that does whatever the current administration wants? The answer is no.””
““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 said. “But is this court the kind of puppet for the current administration? I think definitely not.””
““Tariffs is probably the key policy issue for this president. I don’t think that there are all that many decisions in recent times where a court strikes down such an important policy to a sitting president.””
“Kagan also offered a view from the bench of a historic moment from the court’s past term, when Trump himself took a front-row seat for arguments over his birthright citizenship order. ... It was largely a “non-event” for the justices, Kagan said.”
Supreme Court expands presidential power, shields Fed governor