The US Supreme Court scheduled an extraordinary special session to hear arguments regarding whether former President Donald J. Trump is eligible to hold office again. Prior to the special session, Justice Elena Kagan participated in a public conversation at the Library of Congress which drew a lot of attention. Chief Judge Jeffrey S. Sutton interviewed Justice Kagan and inquired about the role of states in making constitutional law. Despite her openness about certain issues, Justice Kagan was somewhat evasive in answering some of the judge’s questions, particularly about her own views on the matter, choosing to turn the questions around instead.
She did, however, comment on the importance of respecting precedent, depicting how changes in personnel can lead to a perceived “flip-flopping” of the law. She also drew attention to the damage done when what was once considered a right is no longer a right simply because the composition of the court has changed. She noted the dangerous shift that occurs when legal rules change due to the altering composition of the court and emphasized the value of judicial humility.
Also, Justice Kagan pointed out how the court functioned in a useful and valuable way during the long stretch after Justice Antonin Scalia’s death when there were only eight members, noting that it forced compromise and engendered useful conversations. Despite the light-hearted conversation, her comments communicated the gravity of the issues she discussed and the importance of considering the implications.
