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Justice Kagan Joins Colleagues in Rebuking Liberal Boston Judge Over His Defiance of the Court
Jonathan Turley ^ | July 4, 2025 | Jonathan Turley

Posted on 07/04/2025 3:04:29 PM PDT by george76

Yesterday, the Supreme Court issued a relatively rare clarification of its earlier opinion, which lifted the injunction on the deportation of immigrants to third-party countries. In a surprising response, Judge Brian Murphy in Boston ruled that he considered his orders regarding the eight immigrants set for deportation to South Sudan to remain unchanged by the decision. The Court quickly disabused him of that notion by declaring that he was not in compliance with its order. What was most remarkable, however, was the sharp concurrence by Justice Elena Kagan who, despite voting against the original order, called out Murphy for defying the authority of the Court. It was a commendable and principled position that escaped her colleagues, Justices Sonia Sotomayor and Ketanji Brown Jackson, in dissent.

In the new opinion, the justices made clear that their June 23 order applies fully to the eight immigrants in U.S. custody in Djibouti.

In their dissent, Sotomayor and Jackson appeared to overlook the implications of a district court judge’s defiance of the Court’s earlier decision. Sotomayor complained that the new order “clarifies only one thing: Other litigants must follow the rules, but the administration has the Supreme Court on speed dial.”

It was a curious response because the Court’s recent rulings on injunctions are intended to rein in district judges and bring them back within the system’s functional limits. Judge Murphy seemed to give a stiff arm to the Court on its clear order to lower courts.

Regardless of your views on the merits, this system cannot function with such rogue operators at the trial level. That is the message sent by the Court in its unsigned order on June 23.

In responding to Murphy’s later order saying that his orders governing the eight men would remain in effect, the Court declared that “the May 21 remedial order cannot now be used to enforce an injunction that our stay rendered unenforceable.”

Murphy even lost Kagan in the action. She stuck to principle and said that she was on the losing side of the original issue when “a majority of this Court saw things differently.” However, she concluded that “I do not see how a district court can compel compliance with an order that this Court has stayed.”

The concurrence was an important moment for not just Kagan but the Court as an institution. It reaffirmed the core principles that should bind all justices to the judicial process and the integrity of the Court. Conversely, Justices Sotomayor and Jackson appear entirely adrift in dissents that have become hyperbolic and unhinged.

The rebuke of Judge Murphy should have been unanimous, but Kagan’s concurrence was an important affirmation of the shared values that preserve the integrity of the Court.


TOPICS: Constitution/Conservatism; Crime/Corruption; Foreign Affairs; Front Page News; Government; News/Current Events; Politics/Elections; US: Massachusetts
KEYWORDS: africa; aliens; boston; brianmurphy; deportations; djibouti; elenakagan; illegals; injunctions; jonathanturley; judgewatch; kagan; ketanjibrownjackson; massachusetts; murphy; scotus; soniasotomayor; southsudan; sudan; supremecourt; turley
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1 posted on 07/04/2025 3:04:29 PM PDT by george76
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To: george76
The rebuke of Judge Murphy should have been unanimous

Yeah ... but ... politics.

2 posted on 07/04/2025 3:06:29 PM PDT by ClearCase_guy
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To: george76

Slap them down!


3 posted on 07/04/2025 3:08:55 PM PDT by MV=PY (The Magic Question: Who's paying for it?)
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To: george76

It’s rare when one of the female libs on SCOTUS acts reasonably. There is a reason that traditionally, the common law made reference to the reasonable man, and not the reasonable person. Women frequently can be unreasonable.


4 posted on 07/04/2025 3:09:49 PM PDT by Dr. Franklin ("A republic, if you can keep it." )
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To: ClearCase_guy

Kagan is partisan, but she’s not a hack. Sotomayor and Jackson are just scrubs


5 posted on 07/04/2025 3:10:19 PM PDT by irishjuggler
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To: ClearCase_guy

Good job Kagan


6 posted on 07/04/2025 3:10:54 PM PDT by Toughluck_freeper
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To: george76

Justice Kagan deserves some credit.


7 posted on 07/04/2025 3:10:59 PM PDT by Kahuna
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To: george76

Now do Moss


8 posted on 07/04/2025 3:13:55 PM PDT by JZelle
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To: george76

Gitmo’ Murphy.

It’s the only solution.

Trump would have it done.


9 posted on 07/04/2025 3:14:02 PM PDT by Paladin2 (YMMV)
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To: george76

Not surprising

Liberals in power do not like being ignored, by anyone challenging them


10 posted on 07/04/2025 3:15:11 PM PDT by Secret Agent Man (Gone Galt; not averse to Going Bronson.)
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To: george76

So our democracy is at stake because of Tr......, ooh wait. Our democracy is at stake due to judges engaged in political alliances bias. That and self enrichment thru outside the court agencies and boards they sit on along with their spouses, children, friends, and associates.


11 posted on 07/04/2025 3:17:06 PM PDT by blackdog ((Z28.310) Today's Democrat Party is nothing but very bad performance art. )
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To: george76

The SCOTUS does not issue advisory opinions. Federal courts established under Article III of the U.S. Constitution generally cannot issue advisory opinions because they require a concrete case or controversy to have standing.
Advisory opinions are not binding.

The SCOTUS, I think, is afraid that if its lower activist courts don’t stop issuing plainly partisan orders, goaded by the lawyer army of one party, the other two branches may decide to treat decisions and opinions they do not like as advisory opinions.


12 posted on 07/04/2025 3:17:27 PM PDT by tumblindice (America's founding fathers: all armed conservatives)
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To: george76

I always looked at Kagan as more serious than the other two lefties.


13 posted on 07/04/2025 3:17:41 PM PDT by PghBaldy (12/14/12- 930am -rampage begins... 12/15/12 - 1030am - Obama team scouts photo-op locations.)
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To: george76

bttt


14 posted on 07/04/2025 3:20:04 PM PDT by linMcHlp
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To: Kahuna

No she doesn’t.


15 posted on 07/04/2025 3:20:46 PM PDT by Fungi
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To: irishjuggler
Kagan is partisan, but she’s not a hack.

Seems a pattern with Kagan. It's possible to reason with her.

16 posted on 07/04/2025 3:21:17 PM PDT by MinorityRepublican
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To: george76
In their dissent, Sotomayor and Jackson appeared to overlook the implications of a district court judge’s defiance of the Court’s earlier decision. Sotomayor complained that the new order “clarifies only one thing: Other litigants must follow the rules, but the administration has the Supreme Court on speed dial.”

Disgusting hack.

17 posted on 07/04/2025 3:21:34 PM PDT by JewishRighter
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Rendition. It would only take one or two to pull the rest into line...


18 posted on 07/04/2025 3:22:06 PM PDT by StAnDeliver (TrumpII)
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To: george76

bttt


19 posted on 07/04/2025 3:26:20 PM PDT by timestax
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To: blackdog
Our democracy is at stake due to judges [unelected] Kings engaged in political alliances bias.
20 posted on 07/04/2025 3:26:33 PM PDT by Paladin2 (YMMV)
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