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Justice Elena Kagan

Mentioned in 21 analyzed podcast episodes across 10 shows

A U.S. Supreme Court justice whose opinions are frequently analyzed in legal podcasts, particularly her liberal dissents and concurrences in high-profile cases involving statutory interpretation, the major questions doctrine, and constitutional law. She is known for her active participation in oral arguments, where she presses attorneys on legal reasoning and doctrinal consistency. Her jurisprudence emphasizes statutory construction and judicial restraint, making her a focal point of discussion in debates over the Court's ideological direction.

Episode Appearances

Political Gabfest

Political Gabfest · Apr 2, 2026

"Subject to the Jurisdiction Thereof"

Questioned whether challenging foundational immigration narrative requires sufficient evidentiary support

Birthright Citizenship Constitutional Challenge14th Amendment Jurisdiction Clause InterpretationIran War Economic Impact and Oil Prices
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The Daily

The Daily · Apr 2, 2026

The Supreme Court Takes On Birthright Citizenship

Challenges the administration's use of obscure historical sources and notes the 14th Amendment text undermines their case

Birthright Citizenship and 14th Amendment InterpretationWong Kim Ark Precedent and Domicile DoctrineExecutive Order on Immigration and Citizenship
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Bannon`s War Room

Bannon`s War Room · Apr 1, 2026

Episode 5263/5264: Historial Morning SCOTUS Hearing Arguments On Birthright Citizenship; Trump Live In The Courtroom

Challenged government's revisionist interpretation of Wong Kim Ark and 14th Amendment history

14th Amendment Citizenship Clause interpretationBirthright citizenship and jus soli doctrineSubject to the jurisdiction thereof—allegiance vs. territorial presence
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Law and Chaos

Law and Chaos · Mar 24, 2026

Ep 215 — DOJ, Why Are You Like This?

Wrote unanimous 9-0 opinion in Olivier v. City of Brandon allowing prospective injunctive relief

USAGM Leadership and Voice of America Editorial IndependenceDOJ Appellate Strategy and Emergency Stay AbuseSports Gambling Integrity and Prop Betting Regulation
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5-4

5-4 · Mar 10, 2026

Learning Resources Inc. v. Trump

Joined majority; wrote concurrence arguing normal statutory interpretation defeats Trump without major questions doctrine

International Emergency Economic Powers Act (IEPA) statutory interpretationPresidential tariff authority and emergency powersMajor questions doctrine application to taxation and foreign affairs
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#SistersInLaw

#SistersInLaw · Feb 28, 2026

282: But Her Deposition

Displayed incredulous facial expressions throughout State of the Union address.

Epstein Files Transparency Act Compliance and DOJ Document WithholdingFBI 302 Reports and Witness Interview Disclosure RequirementsHillary Clinton Deposition Strategy and Political Theater in Congressional Oversight
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Law and Chaos

Law and Chaos · Feb 24, 2026

Ep 207 — Tariff Decisions Reveals SCOTUS Slapfight

Wrote liberal dissent in tariff case, criticized conservative justices for abandoning textualism in major questions doctrine

International Emergency Economic Powers Act (IEPA) tariff authoritySection 122 Trade Act of 1974 balance of payments tariffsSupreme Court major questions doctrine and non-delegation doctrine
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Advisory Opinions

Advisory Opinions · Feb 24, 2026

What’s Next After Friday’s Tariff Decision?

Wrote principal dissent and concurrence arguing statutory construction alone defeats tariffs; claims consistency with student loan and EPA cases

International Emergency Economic Powers Act (IEEPA) tariff authorityMajor questions doctrine application and consistencyStatutory construction vs. clear statement rules in delegation
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Divided Argument

Divided Argument · Feb 21, 2026

Betty Boop or Shakespeare

Concurred in judgment; maintains major questions doctrine does not exist, relies on statutory interpretation

International Emergency Economic Powers Act (IEEPA) statutory interpretationMajor questions doctrine: substantive canon vs. linguistic principle vs. non-delegationPresidential tariff authority and trade policy
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#SistersInLaw

#SistersInLaw · Feb 21, 2026

280: The Red Queen’s Revenge

Joined liberal justices in majority, critical of conservative justices' application of major questions doctrine

Supreme Court Tariff Decision and IEPA AuthorityMajor Questions Doctrine Application and LimitsFCC Equal Time Rule Enforcement and Political Speech
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Amicus With Dahlia Lithwick | Law, justice, and the courts

Amicus With Dahlia Lithwick | Law, justice, and the courts · Feb 21, 2026

Trump’s Tariffs Overturned

Wrote separate concurrence in tariffs case agreeing with statutory interpretation but rejecting major questions doctrine

Tariff Authority and Presidential Power Under IEPAMajor Questions Doctrine in Constitutional LawSeparation of Powers and Congressional Prerogatives
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Advisory Opinions

Advisory Opinions · Feb 21, 2026

Supreme Court Strikes Down Trump Tariffs

Joined majority but wrote concurrence arguing statutory interpretation alone suffices without invoking major questions doctrine

Major Questions Doctrine Application to Executive PowerPresidential Tariff Authority Under IEPASeparation of Powers and Congressional Delegation
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Advisory Opinions

Advisory Opinions · Feb 19, 2026

Justice Alito’s Next Moves

Supreme Court justice whose jurisprudence emphasizes respect for precedent and judicial consistency

Supreme Court Retirement Speculation and TimingJustice Samuel Alito's Potential RetirementOriginalism vs. Alternative Legal Philosophies
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Verdict with Ted Cruz

Verdict with Ted Cruz · Feb 14, 2026

Virginia is for Loving Liberal Policy, Tariffs on Trial at SCOTUS & Save America Act heads to the Senate Week In Review

Supreme Court liberal justice framing tariff case through non-delegation doctrine and major questions doctrine

Virginia Gerrymandering and Congressional RedistrictingICE Cooperation and Immigration EnforcementSupreme Court Tariff Authority Case (AIPA)
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The High Court Report

The High Court Report · Feb 9, 2026

Oral Argument Re-Listen: Wolford v. Lopez | Must Gun Right Holders Receive Express Consent?

Pressed petitioner on why anti-poaching laws aren't relevant analogs and explored level-of-generality doctrine

Second Amendment Right to Public CarryPrivate Property Open to Public AccessExpress vs. Implied Consent Doctrine
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Supreme Court Oral Arguments

Supreme Court Oral Arguments · Jan 20, 2026

[24-1046] Wolford v. Lopez

Pressed petitioner on why anti-poaching laws are not relevant analogs and explored level-of-generality doctrine in historical tradition analysis

Second Amendment scope and private property rightsHawaii's presumptive ban on concealed carry without express consentHistorical anti-poaching laws as constitutional analogs
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U.S. Supreme Court Oral Arguments

U.S. Supreme Court Oral Arguments · Jan 20, 2026

Wolford v. Lopez

Pressed petitioner on why anti-poaching laws are not relevant analogs and explored level of generality in historical analysis

Second Amendment Right to Public CarryPrivate Property Owner Consent RequirementsHawaii Firearm Licensing Law (Act 52)
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Divided Argument

Divided Argument · Jan 16, 2026

Lake Shrimp

Author of unanimous Case v. Montana opinion on Fourth Amendment emergency aid doctrine

Standing Doctrine and Article III RequirementsElection Law and Candidate StandingFourth Amendment Emergency Aid Exception
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Strict Scrutiny

Strict Scrutiny · Dec 15, 2025

S7: SCOTUS Is About to Turbocharge Presidential Power

Democratic appointee who challenged vesting clause arguments and invoked necessary and proper clause.

Presidential Removal Power and Administrative IndependenceHumphrey's Executor Precedent OverrulingUnitary Executive Theory Constitutional Doctrine
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The Oath and The Office

The Oath and The Office · Dec 11, 2025

Trump’s Supreme Court Power Grab (with Leah Litman)

Liberal justice; cited historical scholarship debunking unitary executive theory during oral arguments

Unitary Executive Theory and Presidential Power ExpansionIndependent Agency Protection and Humphrey's Executor PrecedentFTC Commissioner Firing Authority and Political Removal
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Strict Scrutiny

Strict Scrutiny · Nov 3, 2025

S7: The Legal Battles Over Trump’s War on Blue Cities

Democratic appointee employing tactical approach to dissent; reportedly deleted heated passages from student debt relief dissent

Federal Militarization of Domestic Law EnforcementNational Guard Deployment Legal AuthorityICE Operations and Border Patrol Conduct in Chicago
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