Kagan fears Supreme Court will lose justice

While Washington was still reeling from the most vicious Supreme Court confirmation battle of recent decades, Judge Elena Kagan warned Friday that the credibility of the high court was in danger because it now seems to lack justice, his distant vote making the court seem more partial.

At a women's conference organized by Princeton University, neither Judge Kagan nor Judge Sonia Sotomayor directly commented on the brawl between President Donald Trump's candidate, Brett Kavanaugh, nor the allegations of sexual assault that sparked protests and the reopening of its confirmation hearings.

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However, Kagan said that the departure of the man Kavanaugh would replace – Judge Anthony Kennedy – leaves the court in danger of being perceived as a political institution rather than as a neutral arbiter of disputes.

"It's an extremely important thing for the court that in the last 40 years, starting with justice [Sandra Day] "O Connor and Judge Kennedy, there was a person who found the center, where people could not predict that way," said Kagan. This allowed the court to look so that everything was not on one side. or another and he was indeed impartial and neutral and just. And it's not so clear that I think we're moving forward with this kind of intermediate position. We do not know if we will get it. "

"We must all be aware of this – each of us – and realize how precious the court's legitimacy is," said Kagan, highlighting the protracted applause of the Princeton crowd. "It is extremely important for the court to keep this reputation: this reputation for impartiality, neutrality and non-extension of an extremely polarizing process."

Sotomayor said that she "was totally" in agreement with Kagan's statement. Sotomayor said that part of the perceived polarization of the court is related to the fact that the two main political parties align themselves for or against some legal theories such as originalism.

"When political parties have adopted this language as theirs, they have superimposed it on the court," she said. "I think that, institutionally, it has hurt the court a lot and could continue to do so."

Sotomayor stated that she was attempting to bond with other court judges, including those with whom she seldom aligns, such as Judge Clarence Thomas.

"We must rise above partisanship and personal relationships, we must treat each other with respect, dignity and amicability, which the rest of the world does not share … shares", she declared.

However, Sotomayor acknowledged that the question of whether the court can unify its decisions is a "much more difficult question" than whether the judges are friendly to each other. She said that narrow decisions could sometimes be a way for the court to avoid sharp divisions.

"To the extent that we can avoid making decisions as expansively as to prevent further conversation, I think we have a chance to maintain our legitimacy," she said.

Sotomayor said she was working closely with Judge Neil Gorsuch, Trump's Conservative candidate, who entered the court last year, to promote civic education. However, according to legal experts, neither Gorsuch nor Kavanaugh – which should be confirmed soon – should be subject to a regular alternative vote in the High Court.

In the years to come, the court will likely have a strong Conservative majority, although some see Chief Justice John Roberts as a moderating force that could serve as a swing judge in some cases. Nevertheless, these cases are probably much rarer than when Kennedy held this power.

Neither Sotomayor nor Kagan explicitly stated who could replace Kennedy, but Kagan said Roberts was dedicated to promoting harmony among the judges.

"The Chief Justice is very good at setting the tone for the whole institution," she said.