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 Sanae Takaichi and Donald Trump
MS Now

Room Goes Silent After Trump Makes Super Tone-Deaf Joke To Japanese Prime Minister About Pearl Harbor In Shocking Video

The audience in the Oval Office went silent after President Donald Trump made a tone-deaf joke about the attack on Pearl Harbor to Japanese Prime Minister Sanae Takaichi following a question about why he kept his attack on Iran a "surprise."

Trump was wrapping up a Q&A with reporters during a bilateral meeting with Takaichi when a Japanese journalist pressed him on why key allies—like Japan—were not notified ahead of the attack on Iran on February 28.

Keep Reading Show less
Screenshots from @torimosser's TikTok video
@torimosser/TikTok

Woman Says Stranger On TikTok Helped Save Her Life After Dangerous Medical Misdiagnosis

It is far too common for women's health concerns to be dismissed in the United States, especially when it comes to chronic conditions and pain levels.

Diagnosed with several chronic conditions, 23-year-old TikToker Tori Mosser reflected on years of painful stomach cramps and painful episodes when she finally was able to share that she'd received a diagnosis: Cyclic Vomiting Syndrome (CVS).

Keep Reading Show less
Images from u/South-Basket-887's post in the 'Mildly Infuriating' subReddit
u/South-Basket-887/Reddit

Landlord Sparks Debate After Warning Tenant About Leaving Small Appliances Plugged In

Many of us have had to live in a rented space at some point in our lives and had to deal with landlords, some of whom can be very imposing and let the power of having tenants go to their heads.

But most of us probably didn't receive special notes from our landlords detailing the little observations they noticed about our lifestyles while doing a surprise inspection.

Keep Reading Show less
Mark Zuckerberg
Celal Gunes/Anadolu via Getty Images

Meta Is Shutting Down Its VR 'Metaverse' After Spending An Obscene Amount Of Money Building It—And People Are Roasting Mark Zuckerberg Hard

Meta CEO Mark Zuckerberg was roasted online after Meta announced they'll be shutting down Horizon Worlds, part of their virtual reality "Metaverse," this summer after spending close to $80 billion on the project.

The news comes five years after Zuckerberg declared the metaverse to be the future of Facebook, even renaming the company Meta to reflect that vision. In recent months, Meta cut roughly 10% of the workforce in its "metaverse" division and signaled a shift away from virtual reality for its flagship platform, Horizon Worlds, where users interact through avatars.

Keep Reading Show less
Screenshots of Rand Paul and Markwayne Mullin
C-SPAN3

Video Of GOP Senator Picking A Fight With A Witness Replayed During Contentious Senate Confirmation Hearing

Kentucky Republican Senator Rand Paul confronted his GOP colleague, Oklahoma's Markwayne Mullin, President Donald Trump's pick for Secretary of Homeland Security, over his "anger issues," even presenting video evidence.

Earlier this month, Trump announced he will replace Kristi Noem as Homeland Security Secretary with Mullin. Trump said Noem will instead take on the role of Special Envoy to the Shield of the Americas, a newly created organization intended to foster a right-wing alliance across South America.

Keep Reading Show less