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

Screenshot of Jesse Watters from Fox News
Fox News

Jesse Watters Blasted After Joking That Women 'Better Watch Out' For Testosterone-Boosted Male Troops

Fox News host Jesse Watters sparked outrage after implying that women will face more sexual assault from testosterone-boosted men in the U.S. military now that Defense Secretary Pete Hegseth announced that service members age 30 and older will be screened annually and treated for testosterone deficiency.

The decision to screen active-duty service members for testosterone levels and offering testosterone replacement therapy (TRT) when appropriate is part of an effort to keep U.S. troops on the "leading edge of lethality," Hegseth said in a video posted to X captioned "The High-T Department of War."

Keep Reading Show less
Screenshot of Marjorie Taylor Greene; Lindsey Graham
The Young Turks/YouTube; Greg Nash-Pool/Getty Images

MTG Just Went Scorched Earth On Lindsey Graham's Legacy In Viral Rant: 'He Was A Murderer'

Former Georgia Republican Representative Marjorie Taylor Greene called the late Republican Senator Lindsey Graham a "murderer" in remarks on the progressive news show The Young Turks, saying Graham's legacy is defined by the fact he "supported war more than anything."

Graham died on the evening of July 11 after returning from an official visit to Ukraine. According to a preliminary finding from the medical examiner, shared by his office, Graham died after suffering an aortic dissection—a tear in the inner wall of the aorta—linked to hardening of the arteries.

Keep Reading Show less
Nancy Dello Stritto reacts after receiving the now-viral Florida license plate.
@Khou11/TikTok

Florida Woman's Hilarious Reaction To Racy New License Plate Number Goes Viral—And Here Come The Jokes

Florida has given the internet plenty of strange stories over the years, but few arrive courtesy of a state-issued license plate. One Florida woman recently found herself at the center of the latest Sunshine State spectacle after spotting an unfortunate combination of letters and numbers on her newly assigned tag—and the internet immediately did what the internet does best.

Pompano Beach resident Nancy Dello Stritto opened her mail to find a license plate that could easily be interpreted as a crude phrase. Rather than laugh it off, she was less than thrilled by the discovery.

Keep Reading Show less
screenshot of Laura Ingraham on her Fox News show
Fox News

Laura Ingraham Fumes After 'Worst Places To Live' List Only includes States That Voted For Trump

Fox News personality Laura Ingraham ranted on Tuesday's episode of The Ingraham Angle after CNBC issued their annual "America’s Top States for Business" study results showing the 10 worst states were all MAGA red states that mostly voted for Republican President Donald Trump.

The 10 states identified as the worst, largely due to having the poorest quality of life, were Arkansas, Oklahoma, Alabama, Missouri, Utah, Georgia, Louisiana, Indiana, Texas, and Tennessee. All but Georgia voted for Trump in 2020, while all of the states chose Trump in 2016 and 2024.

Keep Reading Show less
Screenshots from Redditor BakerAffectionate242's video
u/BakerAffectionate242/Reddit

Drunk Mom Sparks Debate After Interrupting Son's Surprise Proposal At Wedding To Kiss Him

Some parents have a harder time letting go and watching their children grow up than others, and there are definitely some who take their struggles way too far.

Redditor BakerAffectionate242, for example, shared a video on the "TikTok Cringe" subReddit of a mom who clearly was not ready for her adult son to love any other woman than her.

Keep Reading Show less