In a striking twist of judicial philosophy, one Supreme Court Justice who dissented in the recent ruling regarding nationwide injunctions appears to have switched her stance. This change has not gone unnoticed, particularly by those on the political right.
As reported by Jim Hoft of TGP, the United States Supreme Court recently delivered a significant legal victory for President Trump, effectively curtailing the influence of what some have termed “activist judges.” The ruling in Trump v. CASA, Inc., saw the Court affirm that federal district courts lack the authority to issue broad “universal injunctions” that halt government policies across the nation, especially when sought by advocacy groups. The decision, made with a 6ā3 majority, reestablishes a crucial separation of powers between the judiciary and the executive branches.
Among the dissenting justices were Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson.
Interestingly, Justice Kagan has previously expressed views that align more closely with those of conservative critics who argue against the power of individual judges to issue nationwide injunctions. On CNN, Scott Jennings highlighted that Kagan, back in 2022, articulated a concern akin to that of many MAGA supporters: the absurdity of a single district judge’s ability to halt the operations of a presidency.
Why did Justice Kagan oppose nationwide injunctions in 2022 but support them now?@ScottJenningsKY: “In 2022, Justice Kagan actually gave an interview and said out loud what a lot of conservatives have been saying this year, which is that how can it be that an individualā¦ pic.twitter.com/4FCoO8W3mf
ā Gunther Eaglemanā¢ (@GuntherEagleman) June 28, 2025
Indeed, during a September 2022 interview at Northwestern Law School, Kagan criticized the notion that a single unelected judge could effectively derail national policy for years. āIt just canāt be right that one district judge can stop a nationwide policy in its tracks and leave it stopped for the years that it takes to go through the normal process,ā she asserted.
WATCH:
.@ScottJenningsKY is right. Kagan said in 2022:
āIt just can’t be right that one district judge can stop a nationwide policy in its tracks.”
She didnāt vote that way today. https://t.co/LSdEPSX5im pic.twitter.com/IEgvhhWs2C
ā Western Lensman (@WesternLensman) June 28, 2025
So, what accounts for Justice Kagan’s apparent shift in perspective? This question lingers in the air like an unsolved mystery, inviting speculation about the underlying dynamics at play within the Supreme Court’s deliberations.
