Post New Article

Justice Kagan’s Hypocrisy on Universal Injunctions

Original Article

Posted By: gaboy, 6/30/2025 2:27:54 AM

Last Friday’s Supreme Court ruling in Trump v. CASA finally ended what many of the President’s supporters saw as a “judicial insurrection.” Upon assuming office, President Trump issued a number of executive orders involving a variety of issues. They were immediately challenged by lawsuits filed in a select group of district courts, virtually all of which issued universal injunctions that seriously impeded implementation of the President’s agenda. Such injunctions have long been criticized by numerous legal scholars and several members of the U.S. Supreme Court, including Justice Kagan.

Post Reply

Reminder: “WE ARE A SALON AND NOT A SALOON”

Your thoughts, comments, and ideas are always welcome here. But we ask you to please be mindful and respectful. Threatening or crude language doesn't persuade anybody and makes the conversation less enjoyable for fellow L.Dotters.


Reply 1 - Posted by: jayjeti 6/30/2025 2:56:53 AM (No. 1971060)
The liberal justices are much more political in their renderings than conservative justices. We see it over over, and Jackson has publicly shown she's ate up with TDS. Kegan is not as bad as dim wits Sodomeyer and Jackson at times.
10 people like this.

Reply 2 - Posted by: jeffkinnh 6/30/2025 4:23:52 AM (No. 1971061)
This flip flop of Kagan's is the perfect example of why the written "legalese", despised by Jackson, matters. Law is guidelines for all members of society to live by. I can pick up a written law and know what it means. I can ask a lawyer for an opinion on it and get legal advice, which protects me by showing I made an effort to obey the law. We all know where we stand. But how can I possibly know what is in Kagan's head at the moment, especially when it shifts when blown by the political wind? How can I ask a lawyer for advice when the ground can shift without notice? Law that changes with judicial whim is anarchy. The appeals process is a guard against such arbitrary decisions. Just because the liberal judges sit in the top court doesn't excuse them from basic legal principle as practiced in this Country. This distinction also points out the different roles that the branches of government serve. The Congress and Judiciary are slower, more deliberative bodies that must follow careful process. Arbitrary action in these bodies is dangerous. The Executive is a dynamic body. It exists in a legal framework but has considerable leeway of action. Jackson's worry, "it gives the Executive the go-ahead to sometimes wield the kind of unchecked, arbitrary power the Founders crafted our Constitution to eradicate." is historically and factually incorrect. The President is immune from personal legal consequences from actions taken as President for a reason. In retrospect, a President's ACTION may be judged as illegal and he may be proscribed from repeating them. Intransigence of a President might lead to impeachment. However, there is a LOT of room, BY DESIGN, for "unchecked, arbitrary power" to be used by the president. The Constitution and Laws are only a framework for the President to operate within. There is vast room for the President to act within that framework without specific legal approval. It is beyond egotistical for the liberal judges to think that THEY have the power to manage the President's actions without regard to written Law. Ignorance of this FACT is ignorance and disrespect of the Constitution and our Country.
18 people like this.

Reply 3 - Posted by: 5 handicap 6/30/2025 7:02:56 AM (No. 1971094)
The author seems somewhat amused that he caught Kagen in a tight place, hypocrisy, regarding her rulings. Does anyone really expect anything resembling "integrity and honesty" from any Democrat...C'mon nobody is that stupid!
20 people like this.

Reply 4 - Posted by: Bur Oak 6/30/2025 7:30:21 AM (No. 1971113)
Elena Kagan is dishonest. Hypocritical is too mild a word to use to describe her recent actions. A person this dishonest should not be a judge, let alone sitting on the highest court of the country.
18 people like this.

Reply 5 - Posted by: Rumblehog 6/30/2025 7:41:57 AM (No. 1971116)
Ya'd think that the black robed intelligentsia would figure out that EVERYTHING you've said is remembered and before you say ANYTHING you should always use the "LexisNexis" database to review your past comments before saying something that damages your future. By the way, can someone call the Keebler tree and ask them politely to come get their Elf?
5 people like this.

Reply 6 - Posted by: bpl40 6/30/2025 7:47:21 AM (No. 1971118)
Hypocrisy is the key word here. Universal injunctions is merely the roost it settled on this time. There will doubtless be more instances in the not too distant future There is little we can practically do to Justices with lifetime appointments. But the RINOs that voted to confirm them are known and should be fair game.
7 people like this.

Reply 7 - Posted by: janjan 6/30/2025 8:10:58 AM (No. 1971129)
The SC justices are all political and are never held accountable because they’re in lifetime positions. Pointing out their hypocrisy in editorials might be fun clickbait but it’s mostly irrelevant. Barrett taking down the idiot DEI hire like she’s a first year law school student will be the worst thing that ever happens to them.
11 people like this.

Reply 8 - Posted by: Lazyman 6/30/2025 8:13:36 AM (No. 1971130)
It's almost like these three women sent their pictures into law school and were issued a degree.
10 people like this.

Reply 9 - Posted by: sw penn 6/30/2025 8:53:47 AM (No. 1971142)
The "RULE OF LAW" as the justice of convenience...
3 people like this.

Reply 10 - Posted by: sw penn 6/30/2025 8:56:49 AM (No. 1971143)
The "RULE OF LAW" as the justice of convenience... Sorry. That's wrong Better as: The "RULE OF LAW" as the law of convenience... Because there's no "justice" in it...
3 people like this.

Reply 11 - Posted by: DVC 6/30/2025 10:13:03 AM (No. 1971178)
Without double standards, they'd have no standards at all.
6 people like this.

Reply 12 - Posted by: earlybird 6/30/2025 11:01:32 AM (No. 1971197)
The best article on this subject that I have seen anywhere. Based on her own history, Kagan's failure to follow her own previously stated belief is the worst possible action. FTA: Justice Kagan is easily the smartest of the three left-leaning justices who declined to support the Court’s majority on Trump v. CASA, and her public remarks have made it abundantly clear that she thoroughly understands the constitutional nuances of the case. Consequently, it is all but impossible to escape the conclusion that her primary motivation is political. She, like Justices Sotomayor and Jackson, is not guided by a consistent or even coherent judicial philosophy. Nor does she feel any compulsion to adhere to the plain language of the Constitution. Even so, Kagan was too circumspect to join Justice Jackson’s deliberately disrespectful dissent.
3 people like this.

Reply 13 - Posted by: earlybird 6/30/2025 11:20:15 AM (No. 1971205)
Jackson hit the Court like a raging adffirmative action leftist bull. That was the plan for those who anipulated her being put there. Once she had been placed in the DC court it was only a short path to the SCOTUS and her backers knew that senile Joe could be persuaded to nominate her. She is not basically very smart. Reading and furthermore understanding "legalese" is undoubtedly a challenge. So she derides it. She may have greased through all of her education on an AA pass. Regular reading of ordinary English may always have been tough. So she bluffs and blusters and bullies. Sotomayor is ready for retirement and a flaming stupid lib. Kagan is indeed the smartest of the three. How long can she prostitute herself by submitting to Jackson's ibullying and joining with her and Sotomayor as just another partisan sherple without a working brain and with zero integrity?
2 people like this.

Reply 14 - Posted by: DVC 6/30/2025 12:23:50 PM (No. 1971218)
Re #13, 'how long can she prostitute herself..."? No time limit. I agree that Kagan is the most intelligent of the three extremists, the other two being clearly affirmative action hires and not particularly intelligent, with Jackson the obvious dunce. These are three political hacks who only give periodic lip service to the Constitution, usually when lamenting the limits it puts on their activism.
2 people like this.

Below, you will find ...
Most Recent Articles posted by "gaboy"
and
Most Active Articles (last 48 hours)
Most Recent Articles posted by gaboy"
Hot Takes: CNN Promotes Mamdani's City-Owned
Grocery Store Idea, Gets the Responses
They Deserve
7 replies
Posted by gaboy 6/30/2025 4:37:35 PM Post Reply
As has often been said, the corporate press are nothing if not a predictable lot, and that has certainly been the case in the aftermath of Democrat Socialist Zohran Mamdani's apparent Democrat mayoral primary victory in New York City, with the swooning commencing even before former NY Gov. Andrew Cuomo conceded defeat.We reported earlier, for instance, on how definitive proof existed well before the primary took place that the left's/MSM's latest "flavor of the month" was a genuine communist. And yet, instead of focusing on how troublesome it was that the guy who wants to be mayor of one of America's most iconic cities essentially wanted to destroy it,
Portland Resident Begs President Trump
to Send the National Guard to Deal with Antifa
4 replies
Posted by gaboy 6/30/2025 4:32:02 PM Post Reply
Two weeks ago I wrote about the Antifa riot that took place outside a Portland ICE facility. Here's a bit of what that looked like.(Snip) Three people were arrested but since then things haven't calmed down. Last Tuesday there were more arrests, including one woman who was charged with a felony for throwing a large knife at ICE agents who approached her as she was trying to light some kind of incendiary device. Julie Winters, 46, was one of three people arrested Tuesday during ongoing demonstrations at the South Portland office to protest President Trump’s immigration policies...
Justice Kagan’s Hypocrisy on Universal Injunctions 14 replies
Posted by gaboy 6/30/2025 2:27:54 AM Post Reply
Last Friday’s Supreme Court ruling in Trump v. CASA finally ended what many of the President’s supporters saw as a “judicial insurrection.” Upon assuming office, President Trump issued a number of executive orders involving a variety of issues. They were immediately challenged by lawsuits filed in a select group of district courts, virtually all of which issued universal injunctions that seriously impeded implementation of the President’s agenda. Such injunctions have long been criticized by numerous legal scholars and several members of the U.S. Supreme Court, including Justice Kagan.
How Trump Surprised Hawks and Doves 0 replies
Posted by gaboy 6/25/2025 2:52:01 PM Post Reply
President Trump may be a second-term president now, but he hasn’t lost his penchant for surprising critics and supporters alike. No one could be sure what he would do about the Israel-Iran war. Had he played a role in setting it up, by duping the Iranians into believing he wanted to strike a “deal” to arrest their nuclear-weapons program? Or was he negotiating in good faith and blindsided by Israel? Would he involve America in the war or not? And if he did, would regime change in Tehran be his goal?
Another California Disaster: Kamala Harris
Plots Governor Run – the Odds are Startling
21 replies
Posted by gaboy 6/24/2025 1:49:52 PM Post Reply
The former Vice President and Democratic Party’s failed presidential candidate Kamala Harris is strongly considering tossing herself into the California gubernatorial race. Quoting undisclosed sources, The Hill reported that the race has given Kamala a “renewed sense of excitement,” putting a “glimmer in her eyes.”(Snip)“She has a lot of people in her ear telling her that it makes the most sense and she can do the most good,” the source spilled. However, the outlet cautioned that Kamala has not “made a final decision yet and is still considering all her options.” Nonetheless, the former Vice President “says she has made it clear that she is not done with public service
Poll: Media Reports of MAGA Death Over
Iran Strikes Are ... Greatly Exaggerated
4 replies
Posted by gaboy 6/24/2025 1:18:56 PM Post Reply
For the last two weeks, the Protection Racket Media has salivated over the "civil war" in MAGAworld over Donald Trump's handling of the Iran-Israel war. Media orgs have made any debate among Republicans over the options into a sign that Trump's support would soon collapse, and that his political leverage would dissipate with it. We have heard more about Thomas Massie in two weeks than we've heard about any one non-leadership congressman not named Alexandria Ocasio-Cortez in months.
Hollywood and Obama should be judged for
covering up Joe Biden’s frailty
13 replies
Posted by gaboy 6/23/2025 3:42:22 PM Post Reply
One year ago this month, attendees packed the 7,100 seats inside the Peacock Theater in Los Angeles to watch a parade of A-list celebrities — George Clooney! Julia Roberts! Barbra Streisand! — unite in a common goal: to raise more money for President Biden’s re-election campaign than had ever before been tallied for a single fundraising event. By that standard, the evening was a smashing success: Over $30 million, a record, was raised.“How important the event was to his re-election bid could be seen,” the Associated Press reported, “in Biden’s decision to fly through the night across nine time zones, from the G7
Worst Outlet of the Week - Who Took Bottom
Honors in the Latest Round of Dysfunctional Media?
4 replies
Posted by gaboy 6/23/2025 3:18:41 PM Post Reply
We began last week with the lingering effects of the neutered “No Kings” protests, which must be considered to have been effective; we have no king in the country! As the week wore on there were a number of petty and bitter news items emerging, all done to throw more criticisms at the Trump administration.Then of course it culminated in the bombing mission in Iran, which we all knew would deliver dysfunctional reporting and reactions. So let’s tug on the hip waders and begin trudging through the swamp that is our media complex and determine who took top (bottom) honors this week. 
No, Trump Didn’t Violate the War Powers Act 10 replies
Posted by gaboy 6/23/2025 12:27:08 AM Post Reply
It was hardly necessary to consult Nostradamus to know that the Democrats would denounce President Trump’s decision to bomb three Iranian nuclear sites on Saturday. Nonetheless, the combination of hypocrisy, historical illiteracy, and constitutional ignorance that characterized their reaction to the raid was startling even by Democrat standards. Several actually claimed that Trump somehow committed an impeachable offence by ordering the strikes, though none seemed able to specify any “high crimes” or “misdemeanors.” Some insisted that Trump violated the War Powers Act.
Trump calls for ‘unconditional surrender’
from Iran, says U.S. knows where its leader
is hiding
3 replies
Posted by gaboy 6/17/2025 3:27:35 PM Post Reply
President Trump on Tuesday said the U.S. knows where Iran has hidden Ayatollah Ali Khamenei while Israeli bombs drop. “We know exactly where the so-called ‘Supreme Leader’ is hiding. He is an easy target, but is safe there — We are not going to take him out (kill!), at least not for now,” Mr. Trump wrote on social media. “But we don’t want missiles shot at civilians, or American soldiers. Our patience is wearing thin.” In another post Tuesday, he called for Iran’s “unconditional surrender” in all caps.He said earlier, “We now have complete and total control of the skies over Iran.”
Anarchy: Chicago's Mayor Promises to Resist
Enforcing the Law
11 replies
Posted by gaboy 6/16/2025 5:42:41 PM Post Reply
Is this resistance or treachery? Over the weekend on (of course) MSNBC, Chicago Mayor Brandon Johnson announced that Chicago, under his charge, will continue its "sanctuary" policies, and will continue to resist any effort by the federal government to enforce the law. When did enforcing the law become undesirable to anyone other than a criminal?The mayor said: Let me first just acknowledge the level of anxiety and fear and trepidation that this administration has caused. You've never seen a society improve or expand under this type of fear. And we're going to continue to resist, we're going to do it in many different ways,
Army’s 250th anniversary parade was
a celebration of America — unlike foolish
‘No Kings’ protests
2 replies
Posted by gaboy 6/16/2025 3:13:11 PM Post Reply
The weekend’s grand military parade in Washington to celebrate the Army’s 250th anniversary was a feel-good patriotic triumph and a rebuke to Democrats and their mean-spirited, small-minded anti-Trump protests. America has the mightiest army in the world. It’s something to be proud and patriotic about. Why not celebrate? And what a show it was, with uniforms dating back to the Revolutionary War, 6,600 soldiers, 150 vehicles and 50 helicopters participating, not to mention a robot dog and drones. The parade was a display of pride in our troops and their awesome weaponry, but importantly, it also stood as a warning to our adversaries at a time of global peril,
Most Active Articles (last 48 hours)
Zohran Mamdani doubles down on plan to
target ‘whiter neighborhoods’ with
higher taxes — and says billionaires
shouldn’t exist
45 replies
Posted by mc squared 6/29/2025 10:54:18 AM Post Reply
Socialist New York City mayoral candidate Zohran Mamdani doubled down on his plan to jack up property taxes on “richer and whiter neighborhoods” on Sunday — and also asserted that billionaires shouldn’t exist. Mamdani claimed that his soak-the-rich proposal was “not driven by race” — despite his campaign platform explicitly targeting white homeowners. “That is just a description of what we see right now. It’s not driven by race. It’s more of an assessment of what neighborhoods are being under-taxed versus over-taxed,” Mamdani told NBC News’ “Meet the Press” on Sunday.
Intercepted Iranian communications downplay
damage from US attack, Washington Post reports
36 replies
Posted by Dreadnought 6/29/2025 5:35:13 PM Post Reply
Intercepted Iranian communications downplayed the extent of damage caused by US strikes on Iran's nuclear program, the Washington Post reported on Sunday, citing four people familiar with classified intelligence circulating within the US government. A source, who declined to be named, confirmed that account to Reuters but said there were serious questions about whether the Iranian officials were being truthful, and described the intercepts as unreliable indicators. The report by the Post is the latest, however, to raise questions about the extent of the damage to Iran's nuclear program. A leaked preliminary assessment from the Defense Intelligence Agency cautioned the strikes may have only set back Iran by months.
For New Yorkers Looking to Flee, a Cautionary
Warning: Florida Is Not the Paradise You
May Envision
29 replies
Posted by ladydawgfan 6/29/2025 3:03:16 PM Post Reply
The ascendancy of Zohran Mamdani to challenge Eric Adams for the crown of the leader of New York City has many a resident looking for the exits. Now my cohorts, Brandon Morse and Ward Clark, have offered up warning labels about their respective states of Texas and Alaska as possible landing spots for those fleeing the promised political oppression, but allow me to string up some tropical warning tape at the northern border of Florida. This is not the verdant Valhalla many expect. Yes, we have been the preferred destination for many a New York transplant, but as a lifelong resident of this dysfunctional peninsula,
Top Iranian cleric issues 'fatwa' against
Trump, Netanyahu
28 replies
Posted by Moritz55 6/29/2025 10:29:51 PM Post Reply
Iran's top Shiite cleric issued a religious decree against President Donald Trump and Israeli Prime Minister Benjamin Netanyahu Sunday, an act some experts called an incitement to terrorism. The fatwa from Grand Ayatollah Naser Makarem Shirazi called on Muslims around the world to take a stand, according to the New York Sun. It states that any individual or government that challenges or endangers the leadership and unity of the global Islamic community (the Ummah) is to be regarded as a "warlord" or a "mohareb," defined as someone who wages war against God. Under Iranian law, those identified as mohareb can face execution, crucifixion, limb amputation, or exile.
Mamdani Declares: Billionaires Have No
Right to Exist
28 replies
Posted by DW626 6/29/2025 8:05:42 PM Post Reply
New York City’s wealthy elite and business leaders are sounding the alarm after Democrat mayoral nominee Zohran Mamdani secured a spot on the 2026 ballot. The reason? Mamdani is a self-proclaimed socialist who openly argues that billionaires shouldn’t exist. He champions radical policies, such as government-run grocery stores, free housing, and universal healthcare—ideas that would expand state control and increase public dependency. Now, with Mamdani on the rise, the city is bracing for a potential “exodus of billionaires” and a chilling effect on investment and economic growth.
Law banning little shampoo bottles in
Illinois hotels goes into effect Tuesday.
What does this mean for guests?
26 replies
Posted by NorthernDog 6/30/2025 1:08:26 PM Post Reply
One of Illinois’ more interesting laws to go on the books in recent years takes effect Tuesday. The law banning single-use plastic bottles in the state’s hotels, Senate Bill 2960, is one of the new laws and tax changes set to go into effect in Illinois on July 1. So, does this mean you’ll never find one of those little plastic shampoo bottles in an Illinois hotel ever again? Well, not just yet. The Small Plastic Bottle Act, signed by Gov. J.B. Pritzker in August 2025, stipulates that Illinois hotels with 50 rooms or more cannot provide single-use plastic bottles
Cooked: Thom Tillis Is Not Running for Re-Election 24 replies
Posted by ladydawgfan 6/29/2025 2:01:46 PM Post Reply
It looks like President Trump’s reconciliation package will be the last significant piece of legislation that Sen. Thom Tillis (R-NC) will vote on before he leaves public life. Yes, you read that right—the North Carolina Republican is calling it quits. He won’t be running for re-election. [Tweets] Tillis was set to run for another term in the 2026 midterms, although he faced a two-front war, one of which was created solely by his own poor decisions. On the Democratic side, he was going to face a tough challenge from former Democratic Gov. Roy Cooper.
The Chilling Jurisprudence of Justice
Ketanji Brown Jackson
19 replies
Posted by earlybird 6/29/2025 10:32:25 AM Post Reply
Below is my column in the New York Post on the controversial dissenting opinion of Justice Ketanji Brown Jackson in the injunction ruling in Trump v. CASA on Friday. The opinion seemed to fan the flames of “democracy is dying” claims of protesters, suggesting that basic limits on injunctive relief could result in the collapse of our core institutions. It was a hyperventilated opinion better suited to a cable program than a Court opinion. The response from Justice Amy Coney Barrett was a virtual pile driver of a rebuke. What was notable is that a majority of the justices signed off on the takedown. It could indicate a certain exasperation
Trump’s ‘big, beautiful bill’ clears
key Senate hurdle after high drama
19 replies
Posted by Dreadnought 6/29/2025 12:18:41 AM Post Reply
President Donald Trump’s “big, beautiful bill” cleared a key procedural hurdle in the U.S. Senate late Saturday night, pushing the massive spending package one step closer to the president’s desk. The vote on a motion to proceed to final debate on the bill passed with 51 yeas and 49 nays. Every Democrat and two Republicans, Sens. Thom Tillis, N.C., and Rand Paul, Ky., voted against it. The actual voting took hours and the measure only passed after three Republican holdouts — Sens. Mike Lee of Utah, Rick Scott of Florida and Cynthia Lummus of Wyoming — folded and voted yes.
Top Economist Admits Trump May Have ‘Outsmarted
All of Us’ on Tariffs
18 replies
Posted by ladydawgfan 6/29/2025 1:21:20 PM Post Reply
Donald Trump has a knack for making the so-called experts look foolish, and nowhere is that more apparent than in the ongoing debate over tariffs. The political and economic elite have ridiculed Trump’s approach, insisting that his tough stance on trade would backfire, cause a recession and cripple the U.S. economy. Yet despite all the apocalyptic predictions, the economy hasn’t gone south, and predictions of a looming recession have been quietly walked back. Recently, a prominent anti-Trump economist admitted what many on the right have been saying from the beginning: Trump’s tariff strategy wasn’t the reckless gamble the media made it out to be.
Justice Jackson Is Even Worse Than We Thought 16 replies
Posted by DW626 6/30/2025 2:57:33 PM Post Reply
We’ve previously covered Justice Ketanji Brown Jackson's dissent in Trump v. CASA Inc., yet it somehow manages to be worse than we initially thought. I think we can easily say that her dissent proves that she’s not a serious member of the Supreme Court. In the recent case concerning birthright citizenship and nationwide injunctions, while Justice Amy Coney Barrett delivered a majority opinion grounded in the Constitution and centuries of precedent, Jackson’s dissent veered into the realm of the absurd. Instead of offering a rigorous legal argument
CIA chief told lawmakers Iran nuclear
program set back years with strikes on
metal conversion site
16 replies
Posted by Mercedes44 6/30/2025 4:01:30 AM Post Reply
CIA Director John Ratcliffe told skeptical U.S. lawmakers that American military strikes destroyed Iran’s lone metal conversion facility and in the process delivered a monumental setback to Tehran’s nuclear program that would take years to overcome, a U.S. official said Sunday. The official, who spoke on the condition of anonymity to discuss the sensitive intelligence, said Ratcliffe laid out the importance of the strikes on the metal conversion facility during a classified hearing for U.S. lawmakers last week.
Post New Article