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If Justice Kagan Wants Respect From Lower Courts, She Should Shut Down Their Judicial Coup
The Federalist ^ | July 07, 2025 | Shawn Fleetwood

Posted on 07/08/2025 12:32:34 PM PDT by E. Pluribus Unum

After allowing rogue lower court judges to usurp the power of the executive branch for months on end, Associate Justice Elena Kagan suddenly has a problem with the overreach now that the same thing is happening to the Supreme Court.

On Thursday, the Obama appointee joined her Republican-appointed colleagues in clarifying a June 23 order from the high court that granted temporary relief to the Trump administration. In its 6-3 ruling — in which Kagan dissented — the court placed a temporary stay on an injunction by a Massachusetts-based district judge attempting to block the administration’s deportation of illegal aliens to so-called “third countries.”

In an act of rebellion, District Judge Brian Murphy issued a separate order hours after SCOTUS’s ruling that effectively declared that his initial block on the federal government’s policy remained in effect. Referring to Murphy’s decision as a “lawless act of defiance,” the Trump administration filed a motion with the high court to “clarify” its June 23 order.

While disagreeing with the court’s initial granting of the administration’s request for a stay on Murphy’s order, Kagan sided with her Republican-appointed colleagues in shutting down the lower court judge’s attempt to sidestep the high court.

“I voted to deny the Government’s previous stay application in this case, and I continue to believe that this Court should not have stayed the District Court’s April 18 order enjoining the Government from deporting non-citizens to third countries without notice or a meaningful opportunity to be heard,” Kagan wrote in a concurring opinion. “But a majority of this Court saw things differently, and I do not see how a district court can compel compliance with an order that...

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


TOPICS: Crime/Corruption; Government
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1 posted on 07/08/2025 12:32:34 PM PDT by E. Pluribus Unum
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To: E. Pluribus Unum

Kagan loves the kickback money she makes to ignore the law.


2 posted on 07/08/2025 12:34:58 PM PDT by WeaslesRippedMyFlesh
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To: E. Pluribus Unum

They must realize that their consistent and flagrant undermining of the law would eventually be held as a knife to their own throats. If the law is not applied fairly and equally everywhere, there is no law and everyone may exert whatever authority they have to enforce their own will.

I am reminded of Clinton’s defense in answering, “It Depends Upon What the Meaning of the Word ‘Is’ Is.”

Now it should read, “It depends upon what the meaning of ‘law’ is.


3 posted on 07/08/2025 12:40:24 PM PDT by Whatever Works (The real power lies in who counts the votes and controls the teleprompter.)
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To: E. Pluribus Unum

Otherwise they are complicit in a coup attempt.


4 posted on 07/08/2025 12:45:09 PM PDT by MtnClimber (For photos of scenery, wildlife and climbing, click on my screen name for my FR home page.)
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To: MtnClimber

She is fine with the lower hacks subverting the law. They are stopping Trump.


5 posted on 07/08/2025 1:27:26 PM PDT by iamgalt
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