Justice Elena Kagan on Friday waded into the issue of divisiveness on the Supreme Court, saying that “time will tell” whether the court can get back to “finding common ground” after a term in which its six conservatives and three liberals split over contentious issues like abortion and gun rights.
The liberal Kagan has repeatedly warned over the last month that courts risk legitimacy and look political when justices needlessly overturn precedent and decide more than a case requires. Kagan said Friday it remains an open question whether the Supreme Court can begin “ratcheting down the level of decision making so that we can reach compromises.”
