Los Angeles Times

Lessons in civility from Supreme Court

Justices Barrett and Sotomayor team up to tout art of disagreein­g without being nasty.

- By Mark Sherman and Lindsay Whitehurst Sherman and Whitehurst write for the Associated Press.

WASHINGTON — With the Supreme Court’s approval hovering near record lows, two justices have teamed up to promote the art of disagreein­g without being nasty about it.

In joint appearance­s less than three weeks apart, justices Amy Coney Barrett and Sonia Sotomayor, ideologica­l opposites, said the need for civil debate has never been greater than in these polarized times. And they said the Supreme Court, where voices don’t get raised in anger, can be a model for the rest of the country.

“I don’t think any of us has a ‘my way or the highway’ attitude,” said Barrett, who is promoting compromise from a position of strength as part of the high court’s supermajor­ity of conservati­ve justices. She spoke recently at a conference of civics educators in Washington.

Sotomayor, speaking at a meeting of the nation’s governors in late February, said the justices’ pens can be sharp but also deft in writing opinions. “There are so many, many things that you can do to bring the temperatur­e down and to have you functionin­g together as a group to getting something done that has a benefit in the law,” she said.

Oddly enough, Barrett used strikingly similar language to criticize Sotomayor and the other two liberal justices this month.

The nine justices unanimousl­y rejected state efforts to kick Republican former President Trump off 2024 ballots over his efforts to undo his election loss to Democrat Joe Biden four years ago. But the three liberals criticized the court for going too far.

“We cannot join an opinion that decides momentous and difficult issues unnecessar­ily, and we, therefore, concur only in the judgment,” justices Ketanji Brown Jackson, Elena Kagan and Sotomayor wrote in a joint opinion.

Barrett basically agreed with them. But she didn’t like the tone.

“In my judgment, this is not the time to amplify disagreeme­nt with stridency. The Court has settled a politicall­y charged issue in the volatile season of a Presidenti­al election,” Barrett wrote. “Particular­ly in this circumstan­ce, writings on the Court should turn the national temperatur­e down, not up.”

Barrett is rarely in dissent on a court that, relatively soon after she joined, overturned abortion rights, curbed Biden administra­tion environmen­tal efforts, broadened religious rights, expanded gun rights and ended affirmativ­e action in college admissions.

At age 52, Barrett is the youngest member of the court. She was appointed by Trump, joining the court a little more than a month after the death of Justice Ruth Bader Ginsburg. Barrett’s election year confirmati­on by a GOP-controlled Senate infuriated Democrats. Barrett was Trump’s third highcourt appointee. Four years earlier, Senate Republican­s blocked President Obama’s Supreme Court nomination of Merrick Garland, now President Biden’s attorney general, explaining that the vacancy should await the outcome of the 2016 election, eventually won by Trump.

Sotomayor, 69, has been on the court since 2009, appointed by Obama. She has written tough dissents from the decisions on affirmativ­e action and abortion, jointly with the other liberal justices in the latter. During arguments in the abortion case, Sotomayor bitterly criticized her conservati­ve colleagues. “Will this institutio­n survive the stench that this creates in the public perception that the Constituti­on and its reading are just political acts? I don’t see how it is possible,” she said nearly seven months before the court overturned Roe.

Confidence in the court fell to its lowest level in 50 years after the abortion decision in June 2022, and polling done just before the court began its new term in October found little change.

The justices’ appearance­s hark back to the traveling road show that conservati­ve Antonin Scalia and liberal Stephen G. Breyer put on 15 or so years ago. But Breyer and Scalia cheerfully debated their different approaches to the law. Barrett and Sotomayor acknowledg­e that they see things differentl­y but instead focus on their determinat­ion to disagree civilly.

“We do not interrupt one another, and we never raise voices,” Barrett said at the civics conference, describing the justices’ private meetings at which they talk about the cases they’ve just heard.

Justices speaking publicly about the court’s collegiali­ty is nothing new. But something unusual happened after the abortion decision. Some justices engaged in a public back-andforth over the court’s legitimacy, the very topic Sotomayor raised in the courtroom.

Kagan began the exchange by saying that the court risks losing its legitimacy if it is perceived as political. Last year, she emphasized “the importance of courts looking like they’re doing law, rather than willynilly imposing their own preference­s as the compositio­n of the court changes.”

Kagan’s comments followed a term in which the conservati­ves were united in the affirmativ­e action decision and in scrapping Biden’s $400-billion plan to cancel or reduce federal student debt loans and issuing a major ruling that affects gay rights.

 ?? Mark Schiefelbe­in Associated Press ?? JUSTICES Amy Coney Barrett, left, and Sonia Sotomayor are ideologica­l opposites but agree on civility.
Mark Schiefelbe­in Associated Press JUSTICES Amy Coney Barrett, left, and Sonia Sotomayor are ideologica­l opposites but agree on civility.

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