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Justice Kagan’s Hypocrisy on Universal Injunctions

 Supreme Court Ruling Overview: Trump v. CASA

- The Supreme Court ruling ended claims of a "judicial insurrection" by President Trump's supporters.

- President Trump’s executive orders faced lawsuits that led to universal injunctions blocking his agenda.

Criticism of Universal Injunctions

- Many legal scholars and some Supreme Court justices, including Justice Kagan, have criticized universal injunctions.

- Justice Kagan expressed concerns that it isn't right for a single district judge to halt a nationwide policy indefinitely.

Majority Ruling Details

- Justice Amy Coney Barrett authored the ruling on December 22, 2023, affirming Kagan's stance against universal injunctions.

- The ruling suggested these injunctions exceed the authority given to federal courts by Congress.

- Despite this, Kagan did not join the Court’s majority and instead supported a dissenting opinion by Justice Sotomayor.

Dissenting Opinion Insights

- Justice Sotomayor accused the Trump administration of manipulating the system through Trump v. CASA to challenge district court jurisdiction.

- Kagan’s dissent is unusual, given her critical views on “forum shopping” and historical absence of universal injunctions from 1789 to 1963.

Controversy Behind Kagan's Decision

- Kagan’s choice to join the dissent raises questions about her motivations, hinting at political rather than legal reasoning.

- Her stance is seen as inconsistent, given her previous statements against universal injunctions.

Concerns about Judicial Principles

- The majority ruling poses risks by allowing the Executive Branch potential unchecked power.

- The dissent from Jackson reflects strong disagreement with the majority opinion and indicates a lack of respect for the justices involved.

Conclusion on Kagan's Position

- Kagan's position is perceived as politically motivated, suggesting she adjusts her views based on who occupies the presidency.

- Hypocrisy in her judicial philosophy is noted, tied to political context rather than a consistent legal framework.

https://spectator.org/justice-kagans-hypocrisy-on-universal-injunctions/

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