Elena Kagan

Supreme Court Justice Issues Scathing Dissent in Trump Case

In response to the Supreme Court’s decision to allow Texas’s GOP-friendly voting maps for the upcoming midterms, Justice Elena Kagan issued a strong dissent, criticizing the court’s reversal of a lower court’s ruling. Kagan argued that the court did not give the district court’s decision fair consideration, and disregarded the established “clear-error standard of review” in their decision. The ruling, made on the “emergency docket,” allows Texas to use maps the lower court found to be based on racial gerrymandering. This ruling has led to reactions from both sides, including California’s Governor Gavin Newsom attempting to redistrict his state to be more favorable to Democrats.

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Kagan Warns of Constitutional Violation in Supreme Court’s Texas Map Ruling

In a recent unsigned decision, the Supreme Court allowed Texas’s redistricting map to proceed, a move that could benefit Republicans in the upcoming midterm elections. Justice Elena Kagan, writing in dissent on behalf of the liberal justices, warned that this decision would violate the Constitution by placing voters in districts based on race, citing the U.S. District Court’s finding of likely racial gerrymandering. While the ruling does not determine the constitutionality of the map, it allows Texas to proceed with the contested districts, despite arguments that the map dilutes the power of minority voters. This decision drew strong reactions from both Republican and Democratic leaders.

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Kagan: Supreme Court Overrides Congress to Empower Trump

In a 6-3 decision, the Supreme Court has allowed President Trump to fire Federal Trade Commission member Rebecca Slaughter, sparking a dissent from Justice Elena Kagan who accused the court of overriding Congress to grant the president sweeping new powers over independent agencies. This decision signals the conservative majority’s potential willingness to overturn a 1935 precedent limiting presidential removals, specifically Humphrey’s Executor. The court’s actions have repeatedly cleared firings that Congress explicitly prohibited, thus shifting control of key regulatory agencies to the president. Arguments over the matter are expected in December, where the court will determine whether Trump can fire board members for any reason as he seeks to implement his agenda.

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