Supreme Court justices tread carefully as collision with Trump looms

“A lot of people are focused on the courts generally, and on my court in particular,” Justice Elena Kagan said.

It will be smiles and handshakes when President Donald Trump bumps into several members of the Supreme Court on the House floor Tuesday evening before he delivers his first address to Congress of his second term. But there have been subtle signs that the justices, in private, have been wringing their hands. Dozens of lawsuits challenging Trump’s deluge of executive actions have put considerable scrutiny on federal courts in recent weeks – including the Supreme Court, which is considering two appeals tied to the new president’s flurry of executive orders. “There’s obviously a lot coming at us and will be coming at us in the next few months,” Justice Elena Kagan said during an alumni event at Princeton University late last month. “A lot of people are focused on the courts generally, and on my court in particular.” Trump and his aides have repeatedly toyed with ignoring federal courts, a scenario that would give rise to a constitutional crisis. Trump appeared to channel Napoleon in a recent social media post by claiming that “he who saves his country does not violate any law.” More recently, two top Justice Department nominees were cagey when senators asked if the administration will adhere to all court orders. Taken together, the threats from Trump and the litigation – including one case that alleges the administration is already defying federal courts – have made an institution naturally inclined to avoid to politics even more keen to keep the temperature low.