Justice Elena Kagan said the Supreme Court is not a “rubber stamp” for Donald Trump, pointing to a 6-3 ruling that struck down his tariffs and a 5-4 decision upholding birthright citizenship.
Kagan called the tariff case extraordinary because it voided what she described as a signature Trump policy, one he campaigned on and cared about enormously.
On birthright citizenship, she said the court again delivered an emphatic “No” to an administration that had made clear how important the issue was.
Trump’s unusual appearance at April arguments in the birthright case had no effect on the court, Kagan said, describing it as a “non-event” and noting Chief Justice John Roberts did not acknowledge him publicly.
Her remarks, delivered at a Ninth Circuit event, answered criticism that the conservative court has been too deferential to Trump and underscored the justices’ effort to defend its independence.