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

Glen Powell
Dia Dipasupil/Getty Images

Glen Powell Sparks Debate After Explaining Why He Doesn't 'Like' To Talk About Politics

Actor Glen Powell, who stars in Hulu's sports comedy series Chad Powers, told Esquire magazine that he remains silent about politics because his "calling is elsewhere."

The Austin, Texas, native—who still calls the state home after having bought himself and each of his family members homes there—is best known for roles in the Top Gun sequel Top Gun: Maverick, the Twister sequel/reboot Twisters, and the Running Man remake.

Keep Reading Show less
screenshot from Alabama MAGA rally video
The Good Liars/YouTube

'The Good Liars' Just Asked MAGA Voters What Socialism Is—And The Ignorance Is Real

The Good Liars, a political comedy and satire duo made up of Jason Selvig and Davram Stiefler, have been attending political rallies, conservative conferences, and public events to conduct deadpan interviews with politicians and attendees since they first formed in 2011 during the Occupy Wall Street movement.

Since Donald Trump came down that golden escalator in 2015 to announce his presidential candidacy, the MAGA movement has given them plenty of material to work with for their YouTube channel. The Good Liars often attend MAGA Republican President Donald Trump's rallies.

Keep Reading Show less
Billie Eilish (L) and Finneas O'Connell (R) attend the "Billie Eilish Hit Me Hard and Soft: The Tour Live in 3D" US Premiere.
Eric Charbonneau/Getty Images for Paramount Pictures

Billie Eilish's Latest Hairdo Has Fans Realizing That She Actually Looks Like Her Brother Finneas

Billie Eilish is back on Instagram, and she brought a whole new hair era with her. It all went down on October 5, when Eilish surprised fans with a new reveal—and kept her message about it hilariously short: “hi.”

True fans, however, know Eilish loves a good hair transformation. From icy silver and electric blue to deep reds and dark brunette, the singer has rarely met a shade she couldn’t turn into an era.

Keep Reading Show less
Nigella Lawson and Paul Hollywood, 'Great British Baking Show'
Channel 4

'Great British Baking Show' Judge Praised For Shutting Down Notion That Dessert Should Be Considered 'Naughty'

Season 17 of The Great British Baking Show in the United States, or The Great British Bake Off in the United Kingdom, is off to a delicious start. Like every other year, there have been hilarious moments and delectable nuggets of wisdom.

Already this year, host Alison Hammond was applauded for affirming a Northern Ireland contestant's accent, and after the latest episode, dessert judge Nigella Lawson has been applauded for advocating for the moral neutrality of dessert.

Keep Reading Show less
Coco Gauff of the United States reacts to defeating Xinran Sun of China in the third round of the China Open at the National Tennis Center.
Robert Prange/Getty Images

Coco Gauff Speaks Out After Getting Hit With Barrage Of Racist Comments After Stopping Play During China Open Match

There’s criticism, and then there’s racism. Coco Gauff is making it clear that the two are not the same.

What began with a disputed point during Gauff’s China Open match against 16-year-old Sun Xinran soon became something much uglier online.

Keep Reading Show less