The US Supreme Court's independence from the Trump administration has been called into question in recent months, but one liberal justice is pushing back against these claims. In a significant speech this week, Justice Elena Kagan argued that the court's conservative composition does not mean it acts as a 'rubber stamp' for President Donald Trump's policies.
Speaking at an annual gathering of the ninth judicial circuit in Bellevue, Washington, on Thursday, Justice Kagan cited a landmark February ruling where the court blocked the president's use of executive authority to impose tariffs on several countries. This decision saw liberal justices join three conservative colleagues to form a majority against the administration's stance.
The Supreme Court has faced criticism for allowing the Trump administration to proceed with policies deemed contentious, including upholding efforts to end temporary deportation protections for Haitians and Syrians. It also allowed an order stripping Venezuelans of similar protections. Furthermore, the court recently permitted the President and future presidents to dismiss the heads of independent agencies, potentially weakening the independence of key institutions. The Voting Rights Act has been weakened, which may benefit Republican control of the House of Representatives.
Despite these decisions, Justice Kagan highlighted several instances where the court has acted as a check on presidential power. In addition to blocking tariffs, she pointed out that the court obstructed President Trump's attempt to dismiss Federal Reserve governor Lisa Cook and blocked his administration's endeavour to end birthright citizenship. These examples demonstrate, she argued, that the court does not consistently align with the administration's desires.
Appointed by Democratic President Barack Obama in 2010, Justice Kagan concluded her remarks by asserting that the Supreme Court "does not see this as a court that is…going to rubber-stamp what the current administration does." Instead, she believes there are significant times where the court has checked the executive branch. Her comments come amid ongoing debate about the US Supreme Court's political leanings and impartiality, especially given President Trump's impact on its composition during his first term.