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The collegiality of the Supreme Court is under attack — and it’s dangerous

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26.04.2026

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The collegiality of the Supreme Court is under attack — and it’s dangerous

When Justice Samuel Alito arrived at the Supreme Court in 2006, Justice Antonin Scalia jokingly told him he would spend his first five years on the Court wondering how he got there and the rest of the time wondering how everybody else got there.

Though fiercely independent and with differing ideas about how the Court should interpret the Constitution and statutes, most justices put a lot of work into maintaining collegiality. In a tradition instituted by Chief Justice Melville W. Fuller in the late 19th century, the justices greet each other and shake hands before meeting in conference or going out onto the bench.

They take swipes at each other in their opinions and dissents, which they tend to brush off or joke about.

Recently, however, the court’s famed collegiality has been strained by justices wondering out loud about how their colleagues got there.

Earlier this month, Justice Sonia Sotomayor took an extraordinarily personal shot at Justice Brett Kavanaugh, accusing him of being a man who “probably doesn’t really know any person who works by the hour.” Her mean-girl approach was widely condemned.

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After Justice Elena Kagan was on the losing end of a few key decisions in recent years, she toured the country impugning the integrity of the Court.

Still, it’s surprising the justices get along as well as they do, given what happened following the leak of Dobbs v. Jackson Women’s Health Organization in 2022.

Alito authored a nearly 100-page draft of........

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