Justice Kagan cautions progressives against aggressive court-reform tactics

At a recent gathering of the 9th Circuit Judicial Conference in Washington state, Justice Elena Kagan took aim at progressive calls for sweeping changes to the Supreme Court, such as expanding its size and imposing term limits. She highlighted cases like the tariffs dispute, where justices appointed by President Donald Trump voted contrary to his wishes, to illustrate that the Court does not simply endorse the sitting president’s agenda.

Kagan warned that the left’s intensified campaign to reshape the Court could erode its capacity to serve as a meaningful counterbalance to any future administration. Her remarks echo former Justice Stephen Breyer’s view that court-packing is a detrimental race to the bottom for liberals. The commentary underscores the tension between the Court’s conservative majority and mounting political pressure from both the right and the left. Kagan’s message signals a likely continuation of similar cautions in the months ahead.