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

Donald Trump
Alex Brandon/Pool/Getty Images

Turns Out Trump Had Another Alternate Name For The Gulf Of Mexico—And Yep, That Tracks

President Donald Trump had people rolling their eyes after he told Fox News host Maria Bartiromo that he had a different rebrand in mind for the Gulf of Mexico but that he ultimately "decided not to do it."

On the first day of his second term in office, Trump signed an executive order changing the "Gulf of Mexico" to the "Gulf of America." The order also reversed an Obama-era decision and changed the name of the Alaskan mountain "Denali" back to "Mount McKinley."

Keep Reading Show less
JD Vance; Viktor Orbán
Beata Zawrzel/NurPhoto via Getty Images; Sean Gallup/Getty Images

People Are Convinced JD Vance Is Cursed Following Hungary's Election Result—And They've Got A Point

Social media users are convinced Vice President JD Vance is cursed after Hungarian voters turned out to end Prime Minister Viktor Orban's rule in its latest election.

Orbán's 16 years in power are over after losing to Péter Magyar of the center-right Tisza party, which is on course for 138 seats, with Orbán's Fidesz on 55. Orbán's loss came mere days after Vance traveled to Budapest and voiced the Trump administration’s support for Orbán ahead of the vote.

Keep Reading Show less
Gregory Talbert (left) and his son Michael Talbert (right) appear in court on Equal Justice with Judge Eboni K. Williams during their dispute over a conversion therapy program.
Equal Justice with Judge Eboni K. Williams / The Allen Group

Christian Dad Slammed After Suing His Gay Son For 'Breach Of Contract' After He Dropped Out Of Conversion Therapy

A father’s attempt to legally punish his son for rejecting conversion therapy is going viral and reigniting anger over the harm these programs continue to cause.

It all went down when a Christian dad took his own son to TV court for $6,000, claiming his gay son owed him the money after failing to complete a summer conversion therapy program.

Keep Reading Show less
Christina Koch
RONALDO SCHEMIDT/AFP/Getty Images

Artemis II Astronaut Christina Koch Gives Epic Reminder About 'What Makes A Crew' In Powerful Speech After Returning To Earth

After 10 days in space, a trip around the moon, and a new record set for miles traveled from Earth, the Artemis II has returned to Earth with its crew and shuttle intact and in good health.

While out there in the great beyond, mission specialist Christina Koch learned a few key lessons about being human and what it means to be a part of an effective crew.

Keep Reading Show less