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Elena Kagan

Mentioned in 23 analyzed podcast episodes across 10 shows

A Supreme Court Justice discussed across multiple podcasts for her contributions to major rulings on tariffs, statutory interpretation, and constitutional doctrine. Known for her institutionalist approach and narrow legal readings, she is frequently featured in legal analysis podcasts examining significant Court decisions and their implications for congressional power and civil rights protections.

Episode Appearances

Breakpoint

Breakpoint · Apr 3, 2026

The Supreme Court Strikes Down Colorado's Counseling Law, A Tragic Assisted Suicide in Spain, Easter and Christian Morality, and the NBA's Speech Police

Signed concurring opinion with Sotomayor on Chelsey case regarding state regulatory alternatives

First Amendment and Professional Speech RightsConversion Therapy Bans and Religious LibertyMedical Consensus vs. Ideological Capture in Healthcare
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IHIP News

IHIP News · Apr 2, 2026

Trump Fails To Intimidate SCOTUS? MAGA Justices Humiliate Trump To His Face

Liberal justice who noted Trump administration relying on obscure sources for birthright citizenship argument

Birthright citizenship constitutional challengeSupreme Court judicial independence and institutional integrityExecutive branch intimidation of federal courts
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Bannon`s War Room

Bannon`s War Room · Apr 1, 2026

WarRoom Battleground EP 979: Finnish Politician Cites Romans 1 — And Is Convicted Under “War Crimes And Crimes Against Humanity”

Progressive justice joining majority in conversion therapy free speech ruling

Supreme Court conversion therapy ruling and free speech implicationsReligious liberty and First Amendment protectionsFinland parliamentary conviction for biblical citation
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IHIP News

IHIP News · Apr 1, 2026

Disgusting Supreme Court Rules In Favor Of Gay Conversion Camps?

Left-leaning justice who sided with majority on free speech grounds rather than LGBTQ+ protection

Supreme Court conversion therapy rulingLGBTQ+ civil rights and legal protectionsConversion therapy bans and state-level legislation
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Morning Wire

Morning Wire · Apr 1, 2026

Evening Wire: Birthright Citizenship On Trial & Artemis II On Track | 4.1.26

Rebuked Justice Jackson's dissent on conversion therapy free speech ruling

Iran Military Operations and Ceasefire NegotiationsBirthright Citizenship Constitutional ChallengeEnergy Markets and Crude Oil Price Volatility
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Advisory Opinions

Advisory Opinions · Apr 1, 2026

Birthright Citizenship Oral Arguments

Asked tough questions of both sides; questioned retroactive application implications

Birthright Citizenship Constitutional Interpretation14th Amendment Jurisdiction Clause AnalysisExecutive Order Constitutional Authority
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VINCE

VINCE · Apr 1, 2026

Trump's Most Challenging Week Yet | Episode 258

Joined 8-1 majority protecting therapist speech rights in First Amendment case

Iran Nuclear Program and Military OperationsBirthright Citizenship and 14th Amendment InterpretationElection Integrity and Mail-in Voting Security
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Breakpoint

Breakpoint · Apr 1, 2026

In (Another) Ruling Against Colorado, Supreme Court Protects Speech

Concurred that this was a textbook case of viewpoint discrimination despite liberal judicial perspective

First Amendment Protection for Professional SpeechViewpoint Discrimination in State RegulationGender Identity Counseling and Therapy Restrictions
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Morning Wire

Morning Wire · Mar 31, 2026

Evening Wire: Hegseth’s ‘Secret Mission’ & AOC’s Ethics Complaint | 3.31.26

Wrote concurring opinion in Christian counselor First Amendment case

Iran-U.S. Military EscalationMiddle East Operations and Troop MoraleDrone Defense Systems and National Security
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Armstrong & Getty On Demand

Armstrong & Getty On Demand · Mar 31, 2026

I Might Need The Paddles!

Wrote concurring opinion in conversion therapy counseling First Amendment ruling

Supreme Court First Amendment Ruling on Conversion Therapy CounselingMedia Coverage of International Conflicts and Geopolitical EventsCalifornia Population Decline and Urban Migration Patterns
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Capitalisn't

Capitalisn't · Mar 5, 2026

The Hidden Economic Dangers Of Supreme Court Overreach - ft. Steve Vladeck

Supreme Court Justice; discussed as potential coalition-builder attempting to counter ideological majority through strategic dissents

Supreme Court ideological alignment and partisan captureCongressional abdication of institutional checks on judiciaryInterest group litigation strategy and forum-shopping
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Amicus With Dahlia Lithwick | Law, justice, and the courts

Amicus With Dahlia Lithwick | Law, justice, and the courts · Feb 28, 2026

Yes, Supreme Court Decisions Really Matter

Supreme Court Justice; wrote concurrence in tariffs case emphasizing Congressional intent on power transfer

Supreme Court tariffs ruling and major questions doctrineJudicial independence and lifetime tenure as constitutional safeguardExecutive power and separation of powers under Trump administration
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Advisory Opinions

Advisory Opinions · Feb 26, 2026

The Immunity Episode

Supreme Court Justice; one of four most institutionalist justices who attended State of the Union; advocates narrow reading of immunity exceptions

Sovereign Immunity DoctrineQualified Immunity ReformFederal Tort Claims Act Interpretation
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Mark Levin Podcast

Mark Levin Podcast · Feb 21, 2026

2/20/26 - Unpacking the Supreme Court's Confusing Tariff Ruling

Justice joining majority opinion on tariff ruling

Supreme Court Tariff Ruling and Separation of PowersPresidential Authority in Foreign Policy and TradeNew York City Municipal Government Appointments
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5-4

5-4 · Feb 17, 2026

Pulsifer v. United States

Supreme Court Justice who authored the majority opinion reinterpreting the statute's use of "and" as "or"

Mandatory Minimum Sentencing ReformFirst Step Act Implementation and LimitationsStatutory Interpretation and Textualism
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Strict Scrutiny

Strict Scrutiny · Jan 19, 2026

S7: Will SCOTUS Keep Trans Kids Out of Sports?

Supreme Court Justice; questioned limiting principles in sex discrimination doctrine and intervened on chess club hypothetical to challenge biological essentialism

Transgender Student Athletes in School SportsTitle IX Sex Discrimination DoctrineEqual Protection Clause and Sex-Based Classifications
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Strict Scrutiny

Strict Scrutiny · Dec 22, 2025

S7: Our Favorite Things, 2025

Supreme Court Justice; quoted in oral arguments opposing agency dismantling; hosts express desire for her to write fiction

Supreme Court decisions on agency independence and presidential removal powerCampaign finance regulation and coordination loopholesFederal Election Commission structure and enforcement capacity
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Strict Scrutiny

Strict Scrutiny · Dec 5, 2025

S7: SCOTUS Greenlights Racial Gerrymandering in Texas

Justice who wrote dissent criticizing Court's disregard for facts and creation of 'near-dispositive' inference standard

Racial Gerrymandering and Voting RightsSupreme Court Shadow Docket ProceduresAppellate Review Standards and Deference to District Courts
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Strict Scrutiny

Strict Scrutiny · Dec 1, 2025

S7: December Preview: SCOTUS Doubles Down on Its BS

Authored dissents in Trump v. Wilcox and CPSC cases criticizing unitary executive theory expansion

Humphrey's Executor doctrine and unitary executive theoryCrisis pregnancy center regulation and First AmendmentFederal Trade Commission removal authority
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Strict Scrutiny

Strict Scrutiny · Nov 17, 2025

S7: The Agonies of Brett Kavanaugh

Tagged with Justice Jackson on spending clause legislation enforceability in RUPA case

Military Contractor Immunity and State AccountabilityReligious Liberty Protections in Prisons (RUPA)Spending Clause Legislation Enforceability
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Strict Scrutiny

Strict Scrutiny · Nov 10, 2025

S7: Will SCOTUS Say No to Trump’s Tariffs?

Posed pointed questions about statutory interpretation and limits on presidential emergency declarations

Presidential Tariff Authority Under IEPAMajor Questions Doctrine ApplicationTariffs as Taxes and Revenue Raising
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The Oath and The Office

The Oath and The Office · Nov 6, 2025

The Case That Could Finally Stop Trump (with Dahlia Lithwick)

Dissenting voice questioning threats to democracy and judicial abdication

Presidential Immunity and Executive Power ExpansionMilitary Deployment and Insurrection Act AuthorityTariffs and Congressional Power Over Trade
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Strict Scrutiny

Strict Scrutiny · Oct 27, 2025

S7: Trump’s DOJ Shakedown

Joined Sotomayor's dissent in nitrogen asphyxiation execution case

Presidential Immunity and Executive PowerDOJ Corruption and Selective ProsecutionReproductive Rights and Fetal Personhood
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