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Jun 13, 2013 · Supreme Court. Writings by Justice Kagan. grouped by type, in alphabetical order by first party name. [ Opinions | Concurrences | Dissents | Concur in part, dissent in part ] Opinions. ABRAMSKI v. UNITED STATES, June 16, 2014. ADVOCATE HEALTH CARE NETWORK v. STAPLETON, June 5, 2017. ALLEN v. COOPER, March 23, 2020.
- ‘A Perilous Moment’
- The Supreme Court Has Destroyed The Voting Rights Act
- The Supreme Court Does Not Understand Voting Discrimination
- Fuzzy Math
- The Voter Fraud Myth
- ‘Mostly Made Up’
While the court’s decision deals with two Arizona restrictions passed several years ago, Kagan contextualizes the case by raising alarm about ongoing voter suppression efforts. She decries new laws that shorten voting hours, impose new requirements to vote by mail, and even ban food and water to voters standing in line. “The court decides this Voti...
Kagan spends a considerable portion of her opinion describing the history that led to the passage of the Voting Rights Act and the importance of the law. Then she accuses her colleagues of damaging it. “What is tragic here is that the court has (yet again) rewritten – in order to weaken – a statute that stands as a monument to America’s greatness, ...
A pivotal part of the majority’s opinion is its finding that the Arizona laws in question do not impose a big enough burden on minority voters to constitute a violation of the Voting Rights Act. But Kagan points out that what may seem like mere inconvenience to some voters may actually be a severe burden on others. A ban on handing out water to peo...
One of the challenged Arizona provisions in the case was a law that required officials to reject ballots from voters who were qualified to vote, but showed up in the wrong precinct. A key piece of evidence in the case was data showing that people of color were about twice as likely to have their ballots rejected as white voters. Arizona rejected mo...
One of the most important parts of the majority opinion asserts that concerns over voter fraud can be used to justify voting restrictions. Kagan pushes back on this, noting that America has a long history of using claims of voter fraud as a pretext to suppress votes. “Throughout American history, election officials have asserted anti-fraud interest...
Writing for the court’s majority, Alito says the ruling is based on “careful consideration” of the text of section 2 of the Voting Rights Act. But Kagan doesn’t buy that at all. She notes that the text of section 2 categorically prohibits any voting law that denies equal access to the ballot box based on race. “The majority’s opinion mostly inhabit...
- Sam Levine
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Kagan is considered a liberal Justice on most key issues. For example, she has voted in favor of the Affordable Care Act (Obamacare), same-sex marriage, gun control, and abortion, and she has sought to protect voting rights. Kagan has written some of the most readable opinions by the current Justices.
Jul 1, 2023 · July 1, 2023. Kevin Dietsch/Getty Images. Share full article. By Jamelle Bouie. Opinion Columnist. You have probably already heard about the Supreme Court’s decision in Biden v. Nebraska, where a...
Kagan published her first dissent in her first term as a justice. Her dissents have classic purposes: to provide a fairer, more trustworthy reading of the law, and to elucidate the majority’s misguided use of power—a guide, perhaps, to correction by some future Court.
Aug 4, 2020 · She writes separately from the court's majority opinion less often and less stridently. She picks her fights. When she does, her colleagues usually take notice. Four times in the past two terms,...
Dec 1, 2021 · The court’s three liberal members — Justices Stephen G. Breyer, Elena Kagan and Sonia Sotomayor — were adamant that Roe should stand. Should Roe be overturned, at least 20 states will...
