Elena Kagan News
The Daily Signal reviews Justice Kagan’s writings, judicial reasoning, and her role in shaping progressive interpretations of constitutional law.
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opinion
How Left-Wing Climate Plaintiffs Have Hijacked the Federal Judiciary
The defining feature of the American judicial system is that every litigant walks into the courtroom with the belief that they will have a fair shot to present their case. That foundational principle is under assault. Several weeks ago, the Oversight Project published a report highlighting the threat to judicial independence posed by the left-wing… -
opinion
Justice Kagan Hits the Nail on the Head in Her Complaint About How the Supreme Court Restrains the Judicial Insurrection
District court judges have usurped President Donald Trump’s control over the executive branch, too often requiring the Supreme Court to intervene to stop the judicial insurrection. Unfortunately, the court has often done so via the “shadow docket” by acting on emergency petitions the administration has appealed to the top. While the court has often made… -
opinion
What Made Justice Kagan Change Her Mind on Universal Injunctions?
When judges change their mind, they explain their reasons. Or at least they ought to, because that’s what makes their judgments trustworthy. But when the Supreme Court decided Trump v. CASA this term, Justice Elena Kagan suddenly changed her mind on universal injunctions—and didn’t explain why. There, the Supreme Court held that federal courts likely… -
opinion
Look Who’s Talking, Justice Kagan
Supreme Court justices return to work next month following a tumultuous last session in which the majority issued some controversial rulings, most notably the overturning of Roe v. Wade.Liberals in general, and Justice Elena Kagan in particular, are upset by the decisions of the conservative majority. Kagan recently spoke at Northwestern University School of Law… -
opinion
Remembering and Appreciating Donald Kagan, Yale Professor, Scholar, and Mentor
Donald Kagan, who taught history and classics at Yale University, and was widely revered as one of the university’s finest teachers and the nation’s greatest scholars, died on Aug. 6. Kagan was the author of many books, and had a wide influence on the understanding of history and hence on the making of U.S. foreign… -
news
Justice Elena Kagan Has a Message for Those Who Worry Supreme Court Is Becoming Too Partisan
Justice Elena Kagan said Monday night that concerns about the politicization of the Supreme Court are “overblown," pushing back against suggestions that the court’s increasingly conservative makeup will strain public confidence in the judiciary. Kagan told law students at the University of California, Berkeley, not to despair over current conditions, even as she agreed the… -
news
Justice Elena Kagan’s Scholarly Connection With Brett Kavanaugh
A surprise shoutout from President Donald Trump’s conservative Supreme Court nominee to one of the high court’s liberal justices proved to be a rare note of civility amid the partisan rancor from the left surrounding the pick. If the Senate confirms D.C. Circuit Judge Brett Kavanaugh for the court, he already will be on familiar…