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#elenakagan — Public Fediverse posts

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  1. Supreme Court lets Trump use revamped voter eligibility database

    Audio recording is automated for accessibility. Humans wrote and edited the story. See our AI policy, and give…
    #NewsBeep #News #US #USA #UnitedStates #UnitedStatesOfAmerica #America #Democrats #DepartmentofHomelandSecurity #donaldtrump #Elections #ElenaKagan #Republicans #TravisCounty #U.S.SupremeCourt #UnitedStatesofAmerica
    newsbeep.com/us/860501/

  2. U.S. Supreme Court rules against surrogate in Dallas custody case

    Audio recording is automated for accessibility. Humans wrote and edited the story. See our AI policy, and give…
    #NewsBeep #News #Headlines #Abortion #Dallas #ElenaKagan #U.S.SupremeCourt #UnitedStates #Us #USA
    newsbeep.com/743211/

  3. Justice Elena Kagan decries idea that US supreme court ‘rubber-stamps’ Trump’s agenda
    By Chris Stein in Washington

    Kagan rejects notion that high court ‘does whatever the administration wants’, pointing to tariffs ruling and more

    theguardian.com/law/2026/jul/2

    #ElenaKagan #USsupremecourt #USnews #Law #DonaldTrump #Trumpadministration #TheGuardian #ChrisSteininWashington

  4. Supreme court justices testify to House on budget request to increase security
    By Shrai Popat

    Justices Elena Kagan and Amy Coney Barrett appear before House lawmakers to request more security for the judiciary

    theguardian.com/us-news/2026/j

    #USsupremecourt #USpolitics #ElenaKagan #AmyConeyBarrett #USnews #TheGuardian #ShraiPopat

  5. Supreme Court analysis: Elena Kagan bolstered Constitution in badly needed way.

    This is part of Opinionpalooza, Slate’s coverage of the major decisions from the Supreme Court. Keep up with…
    #NewsBeep #News #Headlines #constitution #criminaljustice #ElenaKagan #jurisprudence #opinionpalooza-2026 #SupremeCourt #UnitedStates #Us #USA
    newsbeep.com/619071/

  6. The #SupremeCourt yesterday in Louisiana v. Callais gutted Section 2 of the #VotingRightsAct. The 6-3 decision effectively nullifies Section 2 and, as Justice #ElenaKagan wrote in dissent, “threatens a half-century’s worth of gains in #votingequality.” eji.org/news/supreme...

    Supreme Court Undermines Black...

  7. Justice #ClarenceThomas, writing for the majority, said those who use property “tainted by a past confiscation” are liable to “any United States national who owns a claim to that property.” Havana Docks, he wrote, only had to show that the cruise lines had used seized property to which the company owned a claim.
    Justice #ElenaKagan dissented, saying the docks had belonged to the Cuban government all along & that the company’s interest in the property expired before the cruise lines ever used it.

  8. Elena Kagan – Profile & Analysis

    Elena Kagan – Profile & Analysis

    By Steve Petteway, Collection of the Supreme Court of the United States – Elena Kagan – The Oyez Project, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=24636070

    Appointed by: President Barack Obama (2010), replacing Justice John Paul Stevens.

    Ideological position: Generally part of the Court’s liberal wing on voting rights, reproductive rights, LGBTQ+ equality, and the administrative state.

    Background

    • Born in New York City in 1960; educated at Princeton, Oxford, and Harvard Law School.
    • Served as a law professor and later Dean of Harvard Law School.
    • Became the first woman Solicitor General of the United States before her Supreme Court appointment.

    Judicial Style & Philosophy

    • Pragmatic liberal: Usually votes with the Court’s liberal bloc, but frames her opinions in practical, institutional terms rather than in sweeping theory.
    • Readable, accessible opinions: Known for clear, conversational writing aimed at lawyers and non-lawyers alike, often using concrete examples and occasional humor.
    • Institutionalist focus: Emphasizes process, transparency, and the Court’s legitimacy, especially in how it uses its emergency or “shadow” docket.

    Key Themes & Notable Opinions

    • Voting rights & democracy: In cases like Brnovich v. Democratic National Committee, Kagan’s dissents warn that narrowing the Voting Rights Act weakens core protections for minority voters and harms democratic participation.
    • Administrative state & regulation: Opinions such as Kisor v. Wilkie and dissents in cases like West Virginia v. EPA show her concern for giving expert agencies room to implement complex statutes while still keeping them accountable to Congress and the courts.
    • Shadow docket criticism: Kagan has become one of the most vocal critics of the Court’s growing use of emergency orders to decide high-stakes disputes, arguing that unexplained late-night rulings undermine lower courts and public trust.
    • LGBTQ+ rights: She joined the majority in Obergefell v. Hodges (same-sex marriage) and has continued to support LGBTQ+ protections, warning that broad exemptions risk hollowing out formal equality.

    Role on the Trump-Era Court

    In Donald Trump’s second term, the conservative supermajority has repeatedly expanded presidential power, particularly over independent agencies and the federal workforce, often through the emergency docket. Kagan has emerged as a leading critic of this trend. In dissents to emergency orders and major merits cases, she argues that:

    • Congress, not the president alone, should control how agencies are structured and how their leaders can be removed.
    • Large shifts in federal power should not be made through unexplained emergency orders.
    • Weakening voting rights and dismantling regulatory protections threatens the democratic system the Court is meant to safeguard.

    Bottom line: Justice Kagan is the Court’s institutionalist liberal voice—focused on protecting democracy, preserving Congress’s role, and insisting that the Supreme Court explain itself openly when it makes decisions that reshape American law and government.

    Selected Sources & Further Reading

    • Oyez, “Elena Kagan: Biography and Cases.”
    • Justia, “Justice Elena Kagan – Biographical Profile & Opinions.”
    • Elena Kagan, dissents in major voting rights and administrative law cases (e.g., Brnovich v. DNC, Rucho v. Common Cause, West Virginia v. EPA).
    • Recent speeches and commentary on the Supreme Court’s emergency or “shadow” docket and judicial independence.

    Tags: 2025, Apppointed by Obama, Elena Kagan, Justice Kagan, Profile, SCOTUS, Supreme Court, Supreme Court of the United States

    #2025 #apppointedByObama #elenaKagan #justiceKagan #profile #scotus #supremeCourt #supremeCourtOfTheUnitedStates

  9. Justice #ElenaKagan, who dissented previously, this time issued a concurring opinion. “I do not see how a district court can compel compliance with an order that this court has stayed,” she wrote.

    Thur’s order was the latest in a series of rulings related to #immigration decided by the justices in summary fashion on what critics call the court’s shadow docket.

    Some early decisions insisted on #DueProcess for immigrants before they are deported.

    #SCOTUS #law #rendition #Trump

  10. He added that Justice #SoniaSotomayor had made the same point in her dissent from the ruling, which Justices #ElenaKagan & #KetanjiBrownJackson joined. “The district court’s remedial orders are not properly before this court because the government has not appealed them,” she wrote.

    In Thursday’s ruling, the majority rejected that distinction, paused both sets of rulings & allowed the *#deportations* to #SouthSudan.

    #SCOTUS #law #rendition #HumanRights #Trump #immigration

  11. Justice #ElenaKagan said she saw huge incentives for #religious groups of various faiths to start #CharterSchools if #SCOTUS ruled it was permissible. “There’s a line out the door,” she said, “if you can do this consistent with your religious beliefs.”
    
That would also disfavor #religions that don’t conform to other state requirements on #curriculum, she said.

    #law #Constitution #ChurchAndState #NewApostolicReformation #education #FederalistSociety #ActivistCourt

  12. Justice #ElenaKagan signaled skepticism of the proposed #Catholic #school, suggesting #CharterSchools are much like traditional #PublicSchools: They accept all applicants, they’re free, the state has a say in the #curriculum, the schools have to comply w/state #standards, & they can be closed by the state.
    “When I look at #Oklahoma & its charter school program, these #schools look like regular public schools. These charter schools are, in every respect, equivalent to regular public schools”
    #law

  13. Under questioning from Justice #ElenaKagan, the attorney for the #Oklahoma #CharterSchool board emphasized that St. Isidore’s is not seeking to exclude students based on their #religion. But what if another school wanted to do that? she asked.

    Atty James Campbell replied that this would require a different analysis.
    
“The state’s interest in that case would be very different—the interest in ensuring that #schools open to all,” he said.
    
#law #SCOTUS #Constitution #ChurchAndState #education

  14. Late Tues afternoon, the #SCOTUS declined to stay Williams’s execution. There were no noted dissents, but one of the orders said that the court’s 3 liberal members — Justices #SoniaSotomayor, #ElenaKagan & #KetanjiBrownJackson — would have granted the request to stay the #execution.

    #law ##DeathPenalty #Missouri #MarcellusWilliams

  15. On the same call, Shackelford attacked Justice #ElenaKagan as “treasonous” & “disloyal” after she endorsed an #enforcement mechanism for the court’s newly adopted #ethics code in a recent public appearance. He said that such an ethics code would “destroy the independence of the judiciary.” (This past weekend, Justice #KetanjiBrownJackson said she too was open to an enforceable ethics code for #SCOTUS.)

    #FarRight #extremism #law

  16. #Justice #Kagan: Lower court #judges could enforce #SCOTUS #ethics code
    
Interviewed at NYU #law school, Justice #ElenaKagan also discussed the emergency docket & the historic number of women on the high court.

Justice Elena Kagan on Mon brushed aside concerns about whether lower-court judges could effectively enforce the #SupremeCourt’s new ethics rules, saying those on the federal bench are more than capable of holding justices to account.

    washingtonpost.com/politics/20

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