The Liberal Justices Aren’t as United as You Might Think

The Supreme Court's liberal justices are experiencing internal tensions regarding strategies to counter the conservative majority. The central conflict lies between Justice Elena Kagan, who favors diplomacy and consensus-building, and Justice Katonji Brown-Jackson, who advocates for a more confrontational approach. Kagan's strategy involves finding common ground and making compromises, exemplified by her efforts to narrow the scope of the Masterpiece Cake Shop case. However, with the appointment of Justice Amy Coney Barrett and the overturning of Roe v. Wade, the effectiveness of Kagan's approach is questioned. Brown-Jackson, in contrast, adopts a more outspoken stance, directly criticizing her colleagues and the institution, as seen in her dissent in the affirmative action decision. The podcast raises questions about which strategy will prove more effective in influencing the court's decisions and shaping the future of American democracy.