The Debate Dividing the Supreme Court's Liberal Justices (NY TIMES)

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The Debate Dividing the Supreme Court’s Liberal Justices
Outnumbered and facing vast stakes, Justices Kagan and Jackson are split over the best approach: investing in diplomacy inside the court or sounding the alarm outside.

By Jodi Kantor
Jodi Kantor’s reporting illuminates the Supreme Court. She welcomes tips at nytimes.com/tips.
Oct. 31, 2025
On a yearslong campaign to sway her conservative colleagues, Justice Elena Kagan has mostly refrained from harshly criticizing them. But two years ago she briefly let her discipline slip.

As they prepared to strike down President Joseph R. Biden Jr.’s student loan forgiveness program, she blasted Chief Justice John G. Roberts Jr. in a draft dissent she circulated within the court, according to several people familiar with the episode.

But before the decision went public, she hit delete. Her final dissent was adamant, but the most heated passages never saw daylight, as she abided by a taboo among the justices against steaming publicly at colleagues or the institution.

For years, as the court has moved right, Justice Kagan has agonized over whether to be more confrontational, confidantes say, and has mostly concluded that to be effective, she must be careful about rocking the boat.