“It’s not a secret for me to say that we have been discussing this issue. And it won’t be a surprise to know that the nine of us have a variety of views about this,” she said Thursday at a judicial conference in Portland, Oregon.
Democrats in Congress have pushed Supreme Court ethics legislation through a Senate committee. But the bill’s prospects in the full chamber are dim amid opposition from Republicans, who say the measure would violate the separation of powers. “Congress, when it decides whether to pass legislation ... ought to, and usually does, consider the constitutionality of its own actions,” she added.
It’s not the first time she has used the forum to comment on issues surrounding the court. At the 9th Circuit’s conference in Montana last year — held less than a month after the Supreme Court overturned Roe v. Wade — Kagan made headlines for warning the court risks losing its legitimacy if it is perceived as political.
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