Elena Kagan issued a devastating dissent to the decision of her hard-right fellow Supreme Court justices to overturn the Chevron doctrine that has been a cornerstone of federal regulation for 40 years, accusing the majority of turning itself into “the country’s administrative czar”.
Kagan was joined by her two fellow liberal-leaning justices, Sonia Sotomayor and Ketanji Brown Jackson, in delivering a withering criticism of the actions of the ultra-right supermajority that was created by Donald Trump. Such caustic missives have become commonplace from the three outnumbered liberals, with each carefully crafted dissent sounding more incensed and despairing than the last.
In a speech at Harvard last month, Sotomayor revealed that after some of the supreme court’s recent decisions she has gone back to her office, closed the door and cried.
“There have been those days, and there are likely to be more,” she said.
Kagan’s dissent in Loper Bright Enterprises v Raimondo on Friday was the literary equivalent of crying over 33 pages. But she was also searingly angry.
She said […]