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

A man in a suit walking down the sidewalk and pulling a bag
person in black suit jacket with r ed bag walking beside metal fence
Photo by Romain V on Unsplash

People Who Quit Their Jobs On Day One Reveal What Made Them Say 'Nope, Not Doing This'

Every now and then, simply because we need money, we might take a job that doesn't fulfill us in any way, but at least keeps our bank accounts happy.

Some jobs, however, are so soul-sucking that even with no other prospects immediately on the horizon, we can't, in good conscience, keep working them.

Keep ReadingShow less
Matt Gaetz; Dan Crenshaw
Jacek Boczarski/Anadolu via Getty Images; Melissa Phillip/Houston Chronicle via Getty Images

Matt Gaetz Gets Hit With Brutal Community Note After Sparring With GOP Rep. Over Real 'Conservatism'

While feuding with his fellow MAGA Republican, Texas Representative Dan Crenshaw, former Florida GOP Representative Matt Gaetz got slammed with a brutally honest community note by X users.

Gaetz and Crenshaw were feuding on X Friday and Saturday over the Republican Party’s stance on Israel.

Keep ReadingShow less
Reese Witherspoon attends the 'Joy Is Rebellion: Hello Sunshine and Gen Z Rewrite the Narrative' session during the Cannes Lions International Festival.
Marc Piasecki/Getty Images

Reese Witherspoon Opens Up About Pressure Of Being First 'SNL' Host After 9/11—And We Can Only Imagine

We all remember where we were on September 11, 2001—one of the most terrifying Tuesdays in American history. Flights were grounded, the stock market froze, and late-night comedy suddenly felt irrelevant.

When Saturday Night Live finally returned on September 29, the nation watched through tears as then-celebrated Mayor Rudy Giuliani and a crowd of first responders stood onstage beside Lorne Michaels and Paul Simon.

Keep ReadingShow less

Coca-Cola Defends Decision To Use AI To Make New Holiday Commercial After Backlash

In 1995, Coca-Cola aired one of the most enduring Christmas commercials of all time: "The Holidays Are Coming."

The ad featured glowing red trucks driving through snowy towns, with Santa Claus smiling from the side of each trailer. Its soundtrack evoked a strong sense of nostalgia. The advertisement was pure, fizzy magic—a charming piece that made people feel warm and loyal to the brand simultaneously.

Keep ReadingShow less
Neil DeGrasse Tyson
Roy Rochlin/Getty Images

Neil DeGrasse Tyson Reveals Just How Convincing AI Deepfake Videos Have Gotten—And Yikes

Well friends, it's been fun but it seems the end of civilization is officially here: Neil DeGrasse Tyson is a flat Earther.

Okay, not really. But our AI overlords have gotten so good at deepfakes there's now a video of DeGrasse Tyson saying he's become a flat Earther that is indistinguishable from the real DeGrasse Tyson.

Keep ReadingShow less