The Latest Breaking News from Elena Kagan

‘If over time the court loses all connection with the public and with public sentiment, that’s a dangerous thing for a democracy’

“Without full briefing and argument,” Kagan objects, the Court is quietly resolving major disputes.

The U.S. Supreme Court has been on a tear lately, to put it mildly. It wasn't enough that the court's conservative majority upended a half-century of precedent by ending the constitutional right to abortion. It also expanded gun rights despite the ongoing trauma of mass shootings and gun violence.

Opinions from Breyer, Kagan and Sotomayor send stark warning about increasingly radical court abandoning long-held principles

Recent Supreme Court decisions overturning Roe v. Wade and expanding gun rights in the U.S. have led some legal experts to declare the “triumph of originalism.”

“Ruling on Final Day of Court’s Term Solidifies a Lurch to the Right,” says a New York Times front-page headline assuming editorializing is equivalent to news reporting. The truth is that the court has been solidifying a return to a democratic republic. We’re talking about the Supreme Court, of course,…

If it feels as if the Supreme Court is hellbent on dividing us further, last week's ruling on the Environmental Protection Agency’s powers raised that feeling to whole new level.

The U.S. Supreme Court on June 30, 2022, invoked the major questions doctrine in a decision that limits the Environmental Protection Agency’s (EPA) authority to regulate greenhouse gas emissions. The ruling in West Virginia v. Environmental Protection Agency (EPA) could limit the efforts of other federal agencies to engage in…

Regardless of the federal ruling, local efforts to shut down the most polluting power plants and switch on clean energy continue.

In her forceful West Virginia v. EPA dissent, Justice Kagan challenges the majority's commitment to textualism.

At a moment when the world should be racing to prevent the worst effects of global warming, the Supreme Court just made it harder for the U.S. to cut carbon emissions from power plants quickly and cost-effectively.