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

Donald Trump
Andrew Harnik/Getty Images

New Photos Of Trump On Air Force One Seemingly Reveal His Alarming Plans For The Kennedy Center

Viral photos of President Donald Trump have sparked alarm after they were captured by a Getty photographer, showing President Donald Trump looking at what appeared to be a posterboard presentation about the future of the Kennedy Center.

Only a small portion of the poster board could be seen, but the legible text suggested a connection to the Kennedy Center and included the word “DEMOLISH." The images were captured by Getty Images photographer Brendan Smialowski.

Keep Reading Show less
Hannah Revels
@hannahhrevels/TikTok

Woman Recounts 'Craziest' Experience At Restaurant While Reality TV Show Was Filming There—And Yikes

There's a saying about being a "jack of all trades" that's popular for a reason: basically, you cannot be the best at everything, and if you try to be the master of juggling too many plates, you're likely to drop some of them.

TikToker Hannah Revels went out for a double date, including her husband and a couple of friends, to a restaurant that she did not disclose. It's supposed to be a nicer restaurant that was recently renovated, and it's also located in Charleston, South Carolina, so celebrity sightings are fairly common.

Keep Reading Show less
Alexandria Ocasio-Cortez; Mike Johnson; Zohran Mamdani

Mike Johnson Called Out For His Blatant Hypocrisy After Accusing Mamdani And AOC Of 'Laughing' At 9/11 Victims

During a press conference on Tuesday, Republican Speaker of the House Mike Johnson regurgitated a previously disproven claim that New York progressive Democratic Representative Alexandria Ocasio-Cortez and New York City Democratic Socialist Mayor Zohran Mamdani were laughing while the names of victims of the 9/11 terrorist attacks were read during the 25th anniversary commemoration in NYC.

The story first made the rounds of MAGA influencers on the day of the memorial ceremonies.

Keep Reading Show less
Screenshots from @phlynnmartin's TikTok
@phlynnmartin/TikTok

Guy Sparks Debate After Calling Out 'Nightmare' Date Who Racked Up $330 Bill At Frozen Yogurt Shop In Viral TikTok

TikToker Phlynn Martin may not be crying over spilled milk, but he might be ready to cry over money spent on frozen yogurt.

After going on a first date with "a friend," Martin sat in his car and shared the story of going to the popular Melbourne-based frozen yogurt chain, Yo Chi. He looked increasingly shocked and perplexed over what he clearly perceived as offense after offense to proper dating etiquette.

Keep Reading Show less
Screenshots from @sailors.mama's TikTok
@sailors.mama/TikTok

TikToker Shares The Outfits She Wore To School Her Senior Year To Hide Her Teen Pregnancy—And Viewers Are Stunned

Most people would agree that high school is tough, from going through puberty and figuring out who you are, to trying to decide what to do for a career and where you might like to go for trade school or college, and maybe experiencing your first love.

Also, going through teen pregnancy during that time takes the high school experience to a whole other level.

Keep Reading Show less