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

Paul Mescal (left) and a young Paul McCartney (right) are shown side by side as fans react to Mescal’s striking resemblance.
Max Cisotti/Dave Benett/Getty Images for Focus Features; Universal Images Group via Getty Images

People Can't Believe How Much Paul Mescal Looks Like Paul McCartney In First Look At New Beatles Biopics

Sony Pictures has unveiled the first official look at its ambitious project The Beatles — A Four-Film Cinematic Event, and fans are already doing double takes—especially when it comes to Paul Mescal’s striking transformation into a young Paul McCartney.

On Friday, the studio released images of Mescal, Joseph Quinn, Barry Keoghan, and Harris Dickinson portraying McCartney, George Harrison, Ringo Starr, and John Lennon, respectively, ahead of the films’ planned April 2028 release. Directed by Sam Mendes, the project will consist of four interconnected biopics, each told from the perspective of a different Beatle.

Keep Reading Show less
Catherine O'Hara and Macaulay Culkin
Anna Webber/Variety/Getty Images

Macaulay Culkin Shares Heartbreaking Tribute To 'Mama' Catherine O'Hara After Her Death At 71

After learning that Catherine O'Hara tragically passed away at the age of 71, Macaulay Culkin may have said best what we've all been feeling since: that we thought we had more time.

Arguably one of Macaulay Culkin's biggest roles in his career was that of the young Kevin McCallister in Home Alone and Home Alone 2: Lost in New York alongside his on-screen mom, Catherine O'Hara, playing the part of Kate McCallister, who would do anything to reunite with her son... both times.

Keep Reading Show less
Jason Thompson appears in screenshots from his Facebook post showing himself at a snow-covered USPS facility.
Screenshots via Jason Thompson / Facebook

Postal Worker Suspended After Calling Out USPS For Dangerous Working Conditions During Snowstorm

This past week, large portions of the Northeast were buried under two to three feet of snow, forcing businesses to close, schools to shut down, and mail service to slow—except, according to one Ohio postal worker, at his facility.

Jason Thompson, a Cincinnati mail carrier with more than two decades on the job, says he was suspended without pay after he raised safety concerns about working conditions during a historic winter storm that slammed the region January 24–25. The storm affected 24 states and more than 200 million people, bringing dangerous cold and record snowfall to the Cincinnati area.

Keep Reading Show less
Ariana Grande on the red carpet of the Golden Globes
Monica Schipper / Staff/Getty Images

Ariana Grande Hilariously Reacts After Fans Notice Epic Photoshop Fail On Her 'Vogue' Cover

Even though Wicked: For Good ended up getting shut out at the upcoming Academy Awards, things are still going well for one of the film's stars, Ariana Grande.

This week, Grande graced the cover of Vogue Japan, sharing the glamorous pictures from the spread on her Instagram page:

Keep Reading Show less
Screenshots of Donald Trump and Taylor Rehmet
Fox News; @taylorforTexas/X

Trump Claims Not To Know About Election In Texas After Dem Flips GOP Seat—Despite Posting About It The Day Before

President Donald Trump has people raising their eyebrows after he claimed not to know about Democrats flipping a Republican-held state Senate seat in Texas just a day after encouraging his MAGA followers on Truth Social to go out and vote in the special election.

On Saturday, Taylor Rehmet, a Fort Worth machinist and Air Force veteran, prevailed over Republican Leigh Wambsganss of Southlake to claim the open seat in Senate District 9. The district had strongly backed Trump in 2024 by a 17-point margin. The contest advanced to a runoff after no contender earned more than 50 percent of the vote in November.

Keep Reading Show less