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 Mark Carney; Donald Trump
@sarobertson_/X; Aaron Schwartz/AFP via Getty Images

Canadian Prime Minister Mark Carney Trolls Trump With Perfect 'Conspiracy' Joke After Technical Glitch During Speech

Canadian Prime Minister Mark Carney had people laughing after he made a clever "conspiracy" joke aimed at President Donald Trump after his teleprompter cut out mid-speech on Wednesday.

Carney was addressing the press and supporters as part of his government's pledge to build more rental homes. A press release announced that "over the next three years, Canada’s new government, in partnership with the City of Toronto, will invest over $2.7 billion to build more than 18 housing projects across Toronto."

Keep Reading Show less
Nurse Hadley Vlahos
@nursehadley/TikTok

TikToker Speaks Out About Just How Difficult It Is To Get A Divorce In Mississippi—And Wow

While we're well into the 21st century, it's becoming increasingly difficult in the United States for women to execute what should be basic social rights, like getting a divorce. But states like Mississippi and most of the "Bible Belt" are making it practically impossible for people like Nurse Hadley Vlahos to fully separate from a former partner.

Though Vlahos is known on TikTok and YouTube for being a hospice nurse and wrote about end-of-life care in her New York Times bestselling book, The In-Between with How to Let Go to follow, she's now dedicating much more of her platform to documenting her three-year process of just filing for divorce, not including all that happened in the years before and in the year and a half since.

Keep Reading Show less
Screenshot of Donald Trump
C-SPAN

Trump's Bonkers Quip About What He'd Do If He Coached In The WNBA Just Resurfaced—And It's A Doozy

President Donald Trump is raising eyebrows again after a resurfaced clip showed him trying to bring NBA star LeBron James into the debate around transgender athletes while mocking the WNBA.

The WNBA has been at the center of controversy after Indiana Fever player Sophie Cunningham said she wants "to protect young girls in a locker room, or young girls in sport who shouldn’t have to go against biological men.” She called her beliefs "common sense," stressing that "it’s really important to protect children, and that’s little girls who are also involved in that category."

Keep Reading Show less
Billie Eilish
Savion Washington/FilmMagic/Getty Images

Photos Of Billie Eilish From Her Upcoming Movie Just Dropped—And Fans Barely Recognize Her

The latest film adaptation of Sylvia Plath's The Bell Jar is led by Women Talking and Splice director Sarah Polley.

As of March, Billie Eilish was cast in the leading role, Esther Greenwood, who goes through a form of mental burnout and psychosis over the course of the book, with a plot that becomes increasingly unhinged and unreliable.

Keep Reading Show less
Screenshot of Donald Trump
Fox News

Trump Hit With Reality Check After Giving Himself An 'A+' On The Economy In Delusional Interview

President Donald Trump was criticized after he claimed in an interview with Fox News that he should be given an "A+" for the current economy after claiming the "costs are all coming down now."

A recent Gallup poll found that 55 percent of respondents felt their finances were worsening, a level of pessimism exceeding that seen during both the COVID-19 pandemic and the 2008 financial crisis. This comes as the highly unpopular war in Iran continues to rage, sending gas prices surging. Americans have spent an additional $59 billion on fuel since Trump launched the war.

Keep Reading Show less