"Going forward, that sort of middle position, you know it's not so clear whether we'll have it," Supreme Court Justice Elena Kagan said Friday.
Supreme Court justices Elena Kagan and Sonia Sotomayor on Friday warned increasing politicization of the court could undermine its authority.
"We have to rise above partisanship in our personal relationships," Justice Sotomayor added.
The Brett Kavanaugh confirmation saga has put the court in the middle of a contentious partisan fight. Despite that, the court already has some big cases to decide this term.
Among them is a case from Louisiana about whether the federal government can use the endangered species act to prohibit development on private land, even when an endangered species isn't present.
Another case could decide whether state and federal authorities convicting someone separately for the same crime violates the double jeopardy clause in the Bill of Rights.
The court will be down to eight voting justices until former Justice Anthony Kennedy's replacement is sworn in.
Additional reporting by Newsy affiliate CNN.