July 24, 2025 — Supreme Court Justice Elena Kagan delivered a powerful message to judges and lawyers at the Ninth Circuit Judicial Conference in Sacramento, California, on July 24, 2025, emphasizing the importance of judicial independence in the face of escalating threats, harsh criticism, and defiance of court orders, particularly by government officials.
Without directly naming President Donald Trump, Kagan’s remarks addressed concerns about the rule of law and the judiciary’s role in upholding it during turbulent times.
Kagan, appointed by President Barack Obama in 2010, spoke candidly about the challenges facing the judiciary, stating, “The response to perceived lawlessness of any kind is law.”
She urged judges to remain steadfast in their commitment to impartiality and the rule of law, despite increasing hostility, including threats of violence and vitriolic reactions to judicial rulings.
Her comments come in the context of recent Supreme Court decisions and ongoing legal battles involving Trump administration policies, which have drawn significant public and political scrutiny.
Kagan’s speech follows a series of high-profile Supreme Court rulings and dissents that have highlighted tensions between the judiciary and the executive branch.
On July 23, 2025, Kagan joined fellow liberal Justices Sonia Sotomayor and Ketanji Brown Jackson in dissenting against a Supreme Court decision allowing President Trump to remove Democratic members of the Consumer Product Safety Commission (CPSC).
In her dissent, Kagan argued that the majority’s ruling “all but overturned” the 1935 precedent set by Humphrey’s Executor v. United States, which established that the president cannot fire independent agency board members without cause.
She warned that such decisions could facilitate a “permanent transfer of authority” from one branch of government to another.
Additionally, Kagan has recently voiced concerns about the Supreme Court’s use of the “shadow docket”—unsigned, unexplained emergency orders that have become more frequent in recent years.
On July 24, she criticized the Court for issuing such orders without sufficient reasoning, a practice she described as “layering nothing on nothing.”
This critique followed her dissent in a case where the Court permitted the Trump administration to proceed with plans to restructure federal agencies, a decision she and her liberal colleagues opposed.
Addressing Threats to Judicial Independence
Kagan’s remarks at the Ninth Circuit Judicial Conference underscored the broader challenges facing the judiciary.
She noted that judges should not be “aggravated or maddened” by external pressures, emphasizing that their role is to act as neutral arbiters of the law.
“The independence of judges is under attack,” Kagan said, pointing to defiance of court orders by government officials and the growing threat of violence against judicial figures.
Her comments align with posts on X, where legal analysts and news outlets reported her urging judges to focus on their constitutional duties despite these challenges.
Kagan’s call for resilience also reflects her broader concerns about the Supreme Court’s legitimacy.
In 2018, during a conference at Princeton University, she expressed worry that the Court could lose its reputation for impartiality if it lacked a justice capable of serving as a swing vote.
She reiterated the importance of the Court guarding its neutrality, a theme that resonates with her recent statements about maintaining the rule of law amid political polarization.
As one of the Court’s liberal justices, Kagan has occasionally broken ranks with her colleagues, siding with the conservative majority in notable cases.
According to SCOTUSblog’s Stat Pack for the 2024-25 term, Kagan was in the majority in 83% of all cases and 70% of non-unanimous cases, outpacing Justices Sotomayor and Jackson.
Her concurring opinion in a July 8, 2025, case allowing the Trump administration to deport eight immigrants to South Sudan highlighted her pragmatic approach, acknowledging the Court’s prior stay of a district court’s order despite her disagreement with the majority’s reasoning.
Kagan’s recent dissents, however, have been sharp.
In a June 20, 2025, dissent, she criticized the Court’s conservative majority for being “wrong” on matters of text, history, and precedent in a case involving the Federal Communications Commission’s interpretation of the Telephone Consumer Protection Act.
She has also publicly advocated for reforming the Supreme Court’s ethics process, reflecting her commitment to maintaining public trust in the judiciary.
The Implications for the Judiciary
Kagan’s remarks come at a time when the Supreme Court is navigating a delicate balance between its constitutional role and public perception.
The Court’s recent decisions, including those involving Trump administration policies on birthright citizenship, federal agency restructuring, and deportation, have sparked intense debate.
Kagan’s critique of the shadow docket and her call for judicial resilience signal a broader effort to protect the judiciary’s independence amid political and social upheaval.
Legal experts and commentators on X have noted the significance of Kagan’s statements.
NBC News reported that she expressed alarm at the increase in threats against the judiciary but urged judges to remain focused on their roles as arbiters of the law.
Similarly, Politico highlighted her call for court orders to be respected, interpreting it as a veiled reference to challenges posed by the Trump administration.
Justice Elena Kagan’s address at the Ninth Circuit Judicial Conference underscores the judiciary’s critical role in upholding the rule of law during a period of heightened political tension.
By urging judges to remain resilient and impartial, Kagan is reinforcing the importance of judicial independence in the face of threats, criticism, and defiance.
Her recent dissents and public statements reflect a justice deeply committed to preserving the Supreme Court’s legitimacy and ensuring that the law remains a bulwark against perceived lawlessness.
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