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

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

Carnie Wilson and Brian Wilson
KMazur/WireImage for The Recording Academy/Getty Images

Carnie Wilson Shares Heartbreaking Tribute To Dad Brian Wilson After His Death At 82

Beach Boys founding member Brian Wilson died on Wednesday at the age of 82. Tributes from friends, fellow musicians, and fans referred to him as a musical genius for his songwriting, musical composition style and innovative recording techniques.

He's also patriarch to a musical dynasty, with his daughters, Carnie and Wendy, and granddaughter, Lola, following in his footsteps. Carnie and Wendy Wilson formed Wilson Phillips with their childhood friend Chynna Phillips—whose own parents are Michelle and John Phillips of '60s super group The Mamas And The Papas.

Keep ReadingShow less
JD Vance
Kayla Bartkowski/Getty Images

Vance Tried To Make A Joke About Seeing 'Les Misérables' At The Kennedy Center—And It's Peak Cringe

Vice President JD Vance had people groaning after he made a bad joke about the production of Les Misérables he and his wife, Second Lady Usha Vance, attended at the Kennedy Center with President Donald Trump and First Lady Melania Trump.

The musical, set in 19th century France, tells the story of Jean Valjean, an ex-convict who is released from prison for stealing a loaf of bread. The story touches on timeless themes such as justice and mercy—and also happens to be about people resisting an authoritarian takeover, which many find ironic given the Trump administration's response to protests in Los Angeles.

Keep ReadingShow less
bride and groom cutting wedding cake
Wedding Dreamz on Unsplash

People Who Smashed Wedding Cake In Their Spouse's Face Reveal How Their Relationship Is Going Now

According to The Knot wedding resource magazine and website, smashing cake into the face of a spouse after tying the knot is a tradition tied to medieval England. To celebrate the marriage, the bride would toss a piece of piece of cake over her shoulder for good luck.

This evolved into newlyweds feeding a piece of cake to one another, then taking frosting or a small bit of cake and rubbing it gently onto each other's faces—usually the cheek or tip of the nose.

Keep ReadingShow less
Screenshots of U.S. Army veteran who criticized Donald Trump
@btnewsroom/TikTok

U.S. Army Vet Goes Viral With Blistering Speech Ripping Trump For Deploying Troops To L.A.

A U.S. Army veteran went viral after she spoke out to encourage other current and former military members to publicly condemn President Donald Trump for using them as "pawns" to suit his own ends after he deployed the National Guard and Marines to Los Angeles amid ongoing protests against his administration's immigration raids.

Trump has activated over 4,000 National Guard members and 700 Marines, despite opposition from city and state leaders. He has painted a bleak picture of Los Angeles—claims that Mayor Karen Bass and Governor Gavin Newsom say are wildly exaggerated.

Keep ReadingShow less
Barack and Michelle Obama
Andrew Harnik/Getty Images

The Obamas Just Shared A Rare Family Photo With Their Adult Daughters To Celebrate Sasha's Birthday

Former President Barack and First Lady Michelle Obama warmed hearts when they shared the same photo to their respective social media accounts, showing them with their adult daughters, Sasha and Malia, to commemorate Sasha's 24th birthday.

Sasha Obama was born in June 2001, nearly eight years before the family moved into the White House at the start of her father's first term in January 2009. She and her older sister, Malia, now 26, spent their formative years in the presidential residence, growing up there throughout their father’s two terms, until the family departed in 2017.

Keep ReadingShow less