Justice Brett Kavanaugh just dropped a spirited defense of the Supreme Court’s juggling act with emergency appeals from the Trump administration.
In a candid speech in Kansas City, Missouri, on Thursday, Kavanaugh tackled the court’s growing role in deciding whether executive orders can stand while legal battles rage on, a trend fueled by congressional gridlock and presidential action, as CBS News reports.
Speaking to a room of lawyers and judges at the U.S. Court of Appeals for the 8th Circuit’s judicial conference, Kavanaugh didn’t shy away from the heat the court has taken.
Kavanaugh unpacks executive order challenges
He pointed out that presidents, frustrated by a do-nothing Congress, have turned to executive orders “to get things done.”
Well, surprise — those orders, from firing independent agency heads to freezing federal grants, often land in court faster than you can say “lawsuit,” dragging the Supreme Court into the fray.
And while the court has frequently green-lit Trump’s high-profile policies during lower court reviews, critics have grumbled about a lack of explanation for these calls.
Defending high court’s evolving process
Kavanaugh admitted the criticism stings, shrugging it off with a quip: “Criticism is part of the job.”
But let’s not pretend the court is just winging it — they’ve beefed up their process over the past few years, scheduling emergency oral arguments and writing more detailed reasoning than ever before.
Still, when Kavanaugh calls himself a “fan of more process,” you can’t help but wonder if he’s hinting at a judiciary that could stand to slow down and chew over these blockbuster cases a bit more.
Internal changes, collegiality in spotlight
Behind closed doors, Kavanaugh says the court has made internal tweaks over the last half-decade “to try to get the right answer.”
That’s a noble goal, but in a world where every ruling is dissected on social media, getting it “right” often depends on who’s watching — and progressives aren’t always thrilled with the outcomes.
Yet, Kavanaugh insists the justices remain a tight-knit bunch, declaring, “The collegiality of the Supreme Court is very strong, strong to this day.”
Contrast with Kagan
Contrast that rosy view with Justice Elena Kagan’s recent remarks at the 9th Circuit conference, where she called some court decisions “frustrating” and even “maddening.”
While Kagan concedes her colleagues are “all operating in good faith,” it’s clear not everyone on the bench sees eye-to-eye on the emergency docket — and that tension is as American as apple pie.
Turns out, even the highest court isn’t immune to spirited debate, but Kavanaugh sees it as “a sign of strength when there are different views expressed,” a reminder that diversity of thought isn’t just for the progressive agenda’s talking points.
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Author: Mae Slater
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