Justice Elena Kagan of the U.S. Supreme Court expressed grave concerns on Thursday regarding government officials’ disobedience of court orders, citing this as one of the most urgent issues facing the federal courts today.
No matter the level of court rendering the ruling, Kagan stressed that respect for judicial authority is essential to the American legal system in his remarks at the 9th U.S. Circuit Judicial Conference in Monterey, California.
Kagan, one of the Supreme Court’s three liberal justices, stated that there is a growing notion that litigants, particularly government officials, can disregard court orders. Our system just does not operate that way. The rule of law in this nation does not operate that way.
She also stated that unless and until they are overturned on appeal, judicial orders—whether they originate from the Supreme Court or a district court—must be obeyed. That is the foundation of our judicial system’s operation.
Her remarks follow allegations that Trump administration officials have disregarded or circumvented court orders, especially in immigration matters. Few federal judges have brought contempt charges against officials, despite their concerns.
Kagan also discussed more general issues impacting the judiciary, such as the growing risks to public safety and the more antagonistic language aimed at judges.
She cited Chief Justice John Roberts’ seldom public remarks earlier this year, following former President Donald Trump’s demand that justices who rendered decisions against him be removed from office. Although judges are subject to criticism, Kagan asserted that there is a distinction between being held accountable and being demonized.
According to Kagan, judges can and ought to receive harsh, direct criticism. However, we must acknowledge that there is a limit to using judges as political targets in that manner.
When a former Justice Department lawyer who came forward as a whistleblower said that Emil Bove, a senior DOJ official, instructed colleagues to disregard court orders related to a contentious immigration operation earlier this year, the problem of defiance reached a breaking point last month. Although Bove has refuted the allegations, the Senate is currently considering his nomination to the federal appeals court in Philadelphia.
Justice Kagan made it plain that upholding judicial power and the public’s respect for it is essential to sustaining democracy, without mentioning any particular cases or people.
She cautioned that disregarding court decisions jeopardizes the system as a whole.
