Skip to content
Search AI Powered

Latest Stories

Justice Elena Kagan Rips Texas Lawyer By Educating Him On What Constitutional Rights Actually Are

Justice Elena Kagan Rips Texas Lawyer By Educating Him On What Constitutional Rights Actually Are
Erin Schaff/Pool/Getty Images
Make us preferred on Google

Supreme Court Justice Elena Kagan took Texas Solicitor General Judd Stone II to task on constitutional rights as the Court hears arguments about Texas's anti-abortion law.

On Monday, November 1, the Court began hearing arguments in Whole Woman's Health v. Jackson, a lawsuit challenging the law, which prohibits virtually all abortions after a heartbeat is detected and empowers citizens to file lawsuits against abortion providers suspected of violating the new policy.


There was friction between Stone and Kagan, and you can hear what happened in the video below.

youtu.be

It all began when Stone argued that the Supreme Court cannot stop the law from being implemented, saying that federal courts "don't enjoin laws, they enjoin officials who enforce the laws."

His remarks were questioned by Supreme Court Justice Brett Kavanaugh, who called it a "loophole" to constitutional rights that could apply to any right, even Second Amendment rights, and asked Stone to consider a scenario in which a state didn't ban guns but made anyone who sells an AR-15 "liable for a million dollars to any citizen."

Stone responded by claiming that his argument "does not turn on the nature of the right." He said only an act of Congress would stop states from passing such laws, adding that the Supreme Court would not be able to do anything.

That was when Kagan stepped in–and ripped Stone for his reasoning.

"Your answer to Justice Kavanaugh, which is go ask Congress, I mean, isn't the point of a right that you don't have to ask Congress?"
"Isn't the point of a right that it doesn't really matter what Congress thinks or what the majority of the American people think as to that right?"

According to Stone, the Supreme Court has to assume that Texas state court judges will "faithfully apply the Constitution," in this case Roe v. Wade, the landmark Supreme Court decision that protects a pregnant woman's right to choose reproductive healthcare without excessive government restriction.

The Supreme Court, he said, would only be able to weigh in on the law following appeals in the event a Texas state court doesn't apply Roe correctly and awards a $10,000 bounty to anyone who sues over an otherwise legal abortion.

Kagan also disapproved of that argument, noting that an appeal could come "many years from now" and cause "a chilling effect that basically deprives people who want to exercise the right from the opportunity to do so in the maybe long-term interim."

Many have praised Kagan for her remarks.









The exchange between Kagan and Stone is but one example of the remarks Kagan made about the Texas law.

Earlier, she said the law is creating a "procedural morass" by placing the Court in a position where it would have to undo lower court orders:

"Tell me if I'm wrong on this, that just the procedural morass we've got ourselves into with this extremely unusual law is that we would really be telling the Fifth Circuit, again, if your position prevailed, that the district court had to be allowed to continue with its preliminary injunction ruling."

And, commenting on what might happen if the Supreme Court allows states to enforce laws much in the way Texas has crafted its anti-abortion law, she said:

"I mean, that was something that until this law came along no state dreamed of doing."
"And, essentially, we would be like, you know, we're open for business — you're open for business. There's nothing the Supreme Court can do about it. Guns, same-sex marriage, religious rights, whatever you don't like, go ahead."

In September, Jonathan Mitchell, the former Texas solicitor general considered the abortion law's architect, wrote an amicus brief to the United States Supreme Court ahead of its ruling on Dobbs v. Jackson Women's Health, a Mississippi case limiting abortion to 15 weeks.

The brief questions "lawless" pieces of legislation, namely the Lawrence v. Texas ruling, which decriminalized gay sex nationwide, and the Obergefell v. Hodges ruling, which legalized same-sex marriage.

Mitchell's approach has drawn heavy criticisms that it seeks to evade the process of judicial review, which is the power of courts to decide the validity of acts of the legislative and executive branches of government.

More from News

Screenshots from X user @Sofia50020Sofia's video
@Sofia50020Sofia/X

Video Of Guy Turning Off Mall Escalator And Blocking People From Getting Off Has Viewers Sounding Off

We can all agree that some social media trends are fun and harmless, but most of them are pretty ridiculous and either inconvenient or hurt people.

There have been a few escalator trends over the years, mostly one person confusing someone else by touching their arm, passing them a note, or even flirting with them.

Keep ReadingShow less
Models @haroonellahkarim and @0ilprincess, featuring the "Martin Pride Capsule" fashion line
@church.ofmartin/Instagram

Mormon Church Accidentally Spotlights Gay Mormon Fashion Designer—And People Can't Get Enough

A Mormon church tried to stay hip and garner new followers by promoting a fashion line, only to prove to all of us that we're really not as different as the prejudiced people among us would like us to believe.

Let's unpack this: The Church of Jesus Christ of Latter-day Saints has an Instagram account over at @churchofjesuschrist. They regularly promote members of their community, demonstrating what they do, how they give back to their community, and how their religious testimony ties into their mission.

Keep ReadingShow less
Screenshot of David Brouillette from news video
News Center Maine / YouTube

ICE Agent Who Killed Man In Maine Caught In Chilling Audio Threatening To Slit His Ex-Wife's Throat

David Brouillette, the ICE agent who fatally shot Joan Durán Guerrero four times during an attempted traffic stop in Biddeford, Maine, earlier this month, has sparked outrage after unearthed audio revealed he once left a voicemail for his ex-wife threatening to slit her and her female family members' throats.

In an interview with NPR, Ashley Brouillette shared a profanity-laced voicemail her ex-husband left on Nov. 28, 2025, shortly after she filed for a restraining order against him. The recording, obtained by NPR, captures him speaking with slurred speech before ending with a threat that she and the women in her family should have their throats cut.

Keep ReadingShow less
Screenshot of Ken Paxton at press conference
@DemocraticWins/X

Texas AG Ken Paxton Flees Press Conference After Reporters Bring Up His Mounting Scandals—And Yikes

Texas Attorney General and Republican Senate nominee Ken Paxton was called out after fleeing a press conference to avoid answering questions from reporters about two different scandals that have threatened his race against Democrat James Talarico.

A New York Times report published last week revealed that Paxton—who has served as Texas attorney general since 2015—has amassed 15 properties valued at roughly $9 million across states including Utah, Hawaii, Florida and Oklahoma, despite earning a government salary while simultaneously campaigning for the Senate and navigating a divorce.

Keep ReadingShow less
Screenshot of Lauren Boebert
MeidasTouch Network

Lauren Boebert Dragged After Making Bonkers Claim About Moon Landing Before Correcting Herself

Colorado Republican Representative Lauren Boebert was widely mocked after she told a MeidasTouch reporter that she believes the moon landing was done in an "Amazon warehouse" before quickly correcting her own mistake.

July 20 marked 57 years since the Apollo 11 mission astronauts landed on the Earth's moon. Conspiracy theorists have long alleged the moon landing was fabricated by NASA in what they claim was an elaborate hoax.

Keep ReadingShow less