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

December 10, 2025

• Justice Elena Kagan’s diplomatic approach focused on building consensus and finding common ground in a closely divided Supreme Court.

• The court shifted dramatically after Justice Ruth Bader Ginsburg’s death and Amy Coney Barrett’s appointment, creating a solid conservative majority.

• Amy Coney Barrett, despite her conservative reputation, showed some independence and ambivalence, especially regarding the timing of overturning Roe v. Wade.

• Justice Kagan struggled with whether to continue her conciliatory strategy or adopt a more confrontational stance amid the court’s rightward shift.

• Justice Ketanji Brown Jackson arrived as a more outspoken and blunt liberal voice, willing to dissent sharply and address the public directly.

• Jackson’s approach risks alienating moderate conservatives, potentially weakening liberal influence on the court.

• The liberal justices remain divided between Kagan’s compromise strategy and Jackson’s confrontational style, each facing significant challenges.

• Key recent cases highlight the limits of both strategies, raising questions about the future balance of power on the Supreme Court and its impact on democracy.