Overview
- A New York Times report describes mounting friction since 2022 between Justice Ketanji Brown Jackson and Justices Elena Kagan and Sonia Sotomayor over strategy against the Court’s rightward shift.
- Jackson has used unusually blunt dissents, warning of unchecked executive power and signing off with formulations such as “with deep disillusionment, I dissent.”
- Kagan has emphasized institutional restraint, at times drafting sharp dissents before softening or withholding them, saying she often asks whether a fiery response is worth publishing.
- Sotomayor has staked out a middle posture, criticizing emergency rulings with lines like the administration having the Supreme Court “on speed dial” while not fully embracing either colleague’s approach.
- The differing tactics will be tested in cases tied to President Donald Trump’s agenda, with the justices set to consider as soon as next week whether he can unilaterally impose tariffs.