Kagan Steps Up Criticism of Emergency Rulings in Trump Cases

Sept. 27, 2025, 2:43 PM UTC

Justice Elena Kagan is ending the Supreme Court’s summer break with some sharp criticism of the conservative majority’s approach to its emergency docket, mainly in rulings that allow President Donald Trump to carry out his policies.

In a dissent Friday, Kagan said emergency relief “should be sparingly given” by the Supreme Court.

“Every such award disrupts the usual process of judicial review,” Kagan wrote in the dissent joined by the court’s two other liberal justices, Sonia Sotomayor and Ketanji Brown Jackson. “And no such award emerges from our normal hallmarks of deliberation,” she wrote in striking out against the majority’s ...

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