The justice said it would be 'a good thing' for the court to adopt an ethics code.
“To be completely honest, it has to be said that some of the more important cases do fall along pretty predictable lines,” Justice Elena Kagan said. | J. Scott Applewhite/AP PhotoJustice Elena Kagan said Friday that she hopes the ideological divide the Supreme Court has displayed recently about the value of its own precedents won’t turn out to be a long-term phenomenon.
The nine-member court has been dominated by six conservatives since 2020, but justices appointed by both Republican and Democratic presidents often seek to downplay the court’s ideological split. They stress that many cases are resolved unanimously or nearly so, and some others scramble the court’s typical ideological blocs. But those outcomes tend to occur in low-profile cases that do not make the headlines.
During the on-stage interview, which extended to more than an hour, Kagan also offered her critique of the legal school of originalism — at least as it is currently practiced by some of her colleagues. She said the practice of looking to the nation’s history to interpret the meaning of constitutional provisions is dubious and that judges are ill-suited to the task.
“There’s too much disrupting speakers. There’s too much banning books. There’s too much trying to insulate yourself from ideas with which you disagree all around us,” Kagan said. “It exists on all sides of the political spectrum. It’s wrong and it’s counterproductive for our democracy and our society.”
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