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

Screenshot of Bryce Mitchell; Donald Trump
@HQNewsNow/X; Saul Loeb/AFP via Getty Images

UFC Fighter Bryce Mitchell Expertly Rips Trump For 'Desecrating' White House With 'Freedom 250' Fight

While speaking to reporters at UFC Vegas 118 Media Day, mixed martial artist Bryce Mitchell criticized the Trump administration for hosting a UFC fight for President Donald Trump's birthday.

Trump previously announced there will be a UFC fight on the White House grounds to celebrate America's semiquincentennial. Trump expects the fight will happen in front of 20,000 to 25,000 people, a proposal backed by former two-division champion Conor McGregor, who confirmed his interest after not having competed since 2021.

Keep Reading Show less
Father and bride performing 'Last Bite Ritual' in China
u/s**tonthebeach/Reddit

Viral Video Of Dad Performing Emotional 'Last Bite' Ritual With His Daughter On Her Wedding Day Has Us Sobbing

While a person's wedding day is meant to be a celebration of their love and starting a new life with their partner, it's also important to remember the life they're leaving "behind," specifically the household that raised them.

In a video that's gone viral multiple times before, a Chinese father presents his daughter, who is about to be married, with a bowl of dumplings. He then selects one dumpling and feeds it to her, as a reminder of how he raised her and symbolizing that this is the last time he'll take care of her before she becomes a married woman.

Keep Reading Show less
Screenshots from Calleigh Cartwright's TikTok video
@calleighpaige07/TikTok

Woman Goes Viral After Suffering Hilariously Mortifying Wardrobe Malfunction In Her Town Square

What's a social media influencer to do on a nice day when they feel like their outfit is especially cute, but take photos for Instagram?

But for social media influencer Calleigh Cartwright, that may have been the wrong choice.

Keep Reading Show less
Sean Reifel (left) with Bethlehem Mayor J. William Reynolds before entering the Love Island USA villa.
CBS 19/Youtube; @loveislandusa/Instagram

Pennsylvania Mayor Rips Police Officer Who Quit The Force To Go On 'Love Island USA'

A badge-wearing bombshell has entered the villa.

Sean Reifel is one of 12 singles entering the Love Island USA villa this summer, but his search for love is already creating drama back home. The former Bethlehem Police Department officer has drawn criticism from Bethlehem, Pennsylvania, Mayor J. William Reynolds after leaving the force to appear on the Peacock reality series.

Keep Reading Show less