Supreme Court Justice Elena Kagan is not a stupid person. She was once Dean of the Harvard Law School, and served as Solicitor General of the United States. Because she is not stupid, she knows that a system where any federal district court judge can veto an elected Congress and an elected President is absurd. She said this clearly just recently, in 2022:
.@ScottJenningsKY is right. Kagan said in 2022:
“It just can’t be right that one district judge can stop a nationwide policy in its tracks.”
She didn’t vote that way today. https://t.co/LSdEPSX5im pic.twitter.com/IEgvhhWs2C
— Western Lensman (@WesternLensman) June 28, 2025
Yesterday, Justice Kagan voted the exact opposite of what she intelligently said in 2022. She voted to allow unelected district court judges, as long as they are Democrats, to overturn policies that have been voted on by the American people, without even hearing from the Republican side. No doubt her vote would have gone the other way, if we had a Democratic president and Republican-appointed district court judges were trying to impose conservative policies by fiat.
There is no way Kagan’s flip-flop can rationally be explained. When the chips were down, Kagan abandoned her principles, and voted with her party. We have seen this over and over: Republican justices can be “mavericks,” can “grow in office,” and their votes are often in doubt. This is never the case on the Democrat side.
When the word goes out from their party, Democrat-appointed justices fall into line. Every single time. This is why, when a controversial case is pending in the Supreme Court, speculation focuses on how the Republican-appointed justices will vote. Everyone knows how the Democrats will vote–with their party.
Democrats like to talk about the importance of an independent judiciary, but in fact, independence is that last thing they want. They want a judiciary that is wholly under the thumb of the Democratic National Committee. Elena Kagan just proved it.
