2 sitting justices bemoan politicalization of court
of the court, stressed the importance of rising above partisanship in their relationships with their colleagues and expressed concern that a true centrist won’t sit on the court moving forward.
“It’s an incredibly important thing for the court to guard, this reputation of being fair, of being impartial, of being neutral,” Kagan said, “and of not being simply an extension of the terribly polarized political process and environment that we live in.”
Sotomayor added that political polarization “has hurt the court a lot, and will continue to do so.”
The justices appeared Friday evening in front of an estimated audience of 3,000 as part of Princeton’s “She Roars” conference, aimed at celebrating women.
If confirmed, Kavanaugh will replace Justice Anthony M. Kennedy, who retired, and whom Kagan praised alongside former Justice Sandra Day O’Connor as centrists.
“Going forward, that sort of middle position,” she said, “it’s not so clear whether we’ll have it.”
Both justices said a healthy working relationship with the other justices allows them to more often find common ground.
“We live in this world where it’s just the nine of us,” Kagan said, “and if you hold grudges or if you have a bad relationship with one of your colleagues, then in the next case and the next case and the next case you have not much of a chance of persuading that colleague.”
Added Sotomayor: “We have to treat each other with respect and dignity and with a sense of amicability that the rest of the world doesn’t often share.”
Kagan and Sotomayor were both nominated by President Barack Obama and confirmed by garnering votes from Democrats and some Republicans.