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Justice Kagan’s Own Words Come Back to Haunt Her on Nationwide Injunctions
https://pjmedia.com ^ | June 28, 2025 | Matt Margolis

Posted on 06/28/2025 8:02:53 AM PDT by bitt

The Supreme Court’s 6-3 decision in Trump v. CASA, Inc., released Friday, finally put the brakes on the reckless abuse of nationwide injunctions by lower courts—and has Democrats in full meltdown mode. The left’s favorite judicial weapon just got neutered, and the hypocrisy is impossible to ignore.

The liberal wing of the court didn’t do itself any favors, either. Justice Ketanji Brown Jackson’s dissent was so horrible that Justice Amy Coney Barrett felt compelled to call it out in the majority opinion.

But Justice Elena Kagan’s credibility also took a direct hit. In a stunning display of judicial flip-flopping, Kagan’s own words from 2022 have come back to haunt her, exposing the left’s all-too-familiar habit of changing the rules when it suits their political objectives.

Nationwide injunctions have been the left’s go-to tactic for derailing conservative policy at the stroke of a single judge’s pen. Under Trump, district judges from deep-blue enclaves repeatedly issued sweeping orders to block administration policies nationwide at an unprecedented pace, no matter how tenuous the legal grounds.

Despite all the apocalyptic rhetoric, there’s no doubt that the left’s current position on nationwide injunctions is purely political—and Justice Elena Kagan accidentally proved it.

How? Well, Justice Kagan, who dissented in this case, was singing a very different tune just a couple of years ago. Back in 2022, when President Biden was in the White House and conservatives were the ones seeking relief from his executive orders, Kagan was openly skeptical of nationwide injunctions.

“This can’t be right that one district judge can stop a nationwide policy in its tracks and leave it stuck for the years that it takes to go through a normal process,” she said.

That’s not some out-of-context paraphrase—it’s her own words, on the record.

(Excerpt) Read more at pjmedia.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Front Page News; Government; Politics/Elections
KEYWORDS: amyconeybarrett; elenakagan; injunctions; justicekagan; ketanjibrownjackson; scotus
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To: bitt

ACB didn’t just call it out, she wrote in the majority opinion that was signed by all the majority justices, that KBJ’s argument was so stupid it wasn’t worth discussing.

That’s a pretty serious slap in the face.


21 posted on 06/28/2025 8:49:39 AM PDT by bigbob (Yes. We ARE going back)
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To: CFW

Jackson’s dissent read like something a layperson would write. Like something I would write. You know?


22 posted on 06/28/2025 8:57:08 AM PDT by NavyShoe
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To: bitt
"Justice Ketanji Brown Jackson’s dissent was so horrible that Justice Amy Coney Barrett felt compelled to call it out:"

Amy really called out Justice Kunta Kinte:

"It's true, Prissy. You don't know nothin' 'bout birthin' no babies."


23 posted on 06/28/2025 9:02:47 AM PDT by Governor Dinwiddie ( O give thanks unto the Lord, for He is gracious, and His mercy endures forever. — Psalm 106)
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To: bitt

“I’ve evolved.” She’ll devolve when it’s convenient.


24 posted on 06/28/2025 9:10:06 AM PDT by Nathan _in_Arkansas (Hoist the black flag and begin slitting throats. )
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To: bitt

To progressives hypocrisy is an attribute.

When you have no standards, you have maximum flexibility.


25 posted on 06/28/2025 9:10:08 AM PDT by Soul of the South (The past is gone and cannot be changed. Tomorrow can be a better day if we work on it.)
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To: brownsfan
Liberals are rarely held to account for past opinions.

They are unburdened by what has been.

26 posted on 06/28/2025 9:16:05 AM PDT by Steely Tom ([Voter Fraud] == [Civil War])
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To: CFW

:)


27 posted on 06/28/2025 9:17:45 AM PDT by delchiante
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To: bitt

Unfortunately I predict this won’t bring an end to these ridiculous injunctions. The democrats will just switch to class action lawsuits and these activist judges will continue doing what they’ve been doing.


28 posted on 06/28/2025 9:20:29 AM PDT by GaryCrow
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To: bitt

Kagan, Sootamayor and Kenji ae birds of a feather and all dumber than a sack of firecrackers.


29 posted on 06/28/2025 9:24:35 AM PDT by ABStrauss (I miss Rulsh!!!!!)
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To: bitt

Justice Elena Kagan figured the stupidity coming out of Jumanji Brown. Along with ACB slamming her, would allow Kagan to slink away with her own line of bs hypocrisy.


30 posted on 06/28/2025 9:25:32 AM PDT by dennisw (💯🇺🇸 Truth is Hate to those who Hate the Truth. 🇺🇸💯)
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To: bitt

Well, gee.....it’s not as if hypocrisy isn’t the lifeblood of the left or anything. This comes as absolutely no surprise.


31 posted on 06/28/2025 9:43:38 AM PDT by Nekman (The Dems are SocialistCommunistUtopianMarxists...SCUM for short...it FITS!)
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To: ABStrauss
Kagan, Sootamayor and Kenji ae birds of a feather and all dumber than a sack of firecrackers.

They should be made the poster girls for black and Hispanic men to vote Republican. These men are tired of the Rats being the party of angry women.
32 posted on 06/28/2025 9:48:12 AM PDT by Dr. Franklin ("A republic, if you can keep it." )
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To: bitt
Back in 2022, when President Biden was in the White House and conservatives were the ones seeking relief from his executive orders, Kagan was openly skeptical of nationwide injunctions.
“This can’t be right that one district judge can stop a nationwide policy in its tracks and leave it stuck for the years that it takes to go through a normal process,” she said.

33 posted on 06/28/2025 9:48:19 AM PDT by linMcHlp
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To: bitt

Liberals constantly prove the theory that the only standard they have is double standards. Everything else is dependent upon the moment and how it advances their agenda.


34 posted on 06/28/2025 9:49:50 AM PDT by kingu (Everything starts with slashing the size and scope of the federal government.)
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To: NavyShoe

“Jackson’s dissent read like something a layperson would write. Like something I would write. You know?”


It truly does. At one point she actually wrote “-—wait for it—” before making a point. It reads more like a series of tweets than it does a Supreme Court opinion.


35 posted on 06/28/2025 9:53:18 AM PDT by CFW
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To: aquila48

“At the end of the day it’s might that makes right.”

Fortune favors the side with the heaviest artillery. Purity of motives is only incidental.


36 posted on 06/28/2025 10:00:37 AM PDT by alloysteel ( Divergence is not at all the same thing as diversity.)
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To: Dr. Franklin

By golly you’re on to something here.

All of the Democrats are either ugly or crazy.


37 posted on 06/28/2025 10:03:07 AM PDT by ABStrauss (I miss Rulsh!!!!!)
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To: ClearCase_guy

I’m not sure they have any solid beliefs. No firm un shifting foundation. It seems to be any port in a storm.


38 posted on 06/28/2025 10:14:50 AM PDT by grame (May you know more of the love of God Almighty this day!)
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To: bitt

Betcha at times like this the democrats wish FDR had managed to pack the court as he originally planned to do, with more democrat justices.


39 posted on 06/28/2025 10:52:09 AM PDT by Ruy Dias de Bivar ( )
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To: GaryCrow

” The democrats will just switch to class action lawsuits and these activist judges will continue doing what they’ve been doing”

Of course class action lawsuits can take years to resolve. Would filing one...says against a PDT executive order put a hold on that order immediately or only after a judgement in the lefts favor on the Class Action???


40 posted on 06/28/2025 11:03:40 AM PDT by DAC21
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