We’ve got some sass flying in the Supreme Court! Justice Elena Kagan, in an unprecedented move, took a sly jab at her fellow Democratic appointee, Justice Sonia Sotomayor, in a recent opinion release. The drama is real!
In a 7-2 majority decision authored by Sotomayor, the Court ruled against the Andy Warhol Foundation for infringing on photographer Lynn Goldsmith’s copyright. But guess who dissented? That’s right, Justice Kagan, alongside Chief Justice John Roberts, and boy, did she bring the sass!
Right from the get-go, Kagan unleashed her verbal prowess, starting her dissent with a cheeky “preliminary note” for her readers. She couldn’t help but point out that the majority opinion seemed unusually fixated on her dissent. She even questioned if the majority opinion was self-refuting, since it dedicated so much attention to a dissent they claimed had “no theory” and “no reason.”
Kagan made it clear she wouldn’t waste her time rebutting every accusation thrown her way. Instead, she confidently rested on her original submission and offered two suggestions to her readers. First, check out the precedents she cited and compare them to the majority’s description. Second, examine the majority’s response to her arguments and assess the ratio of reasoning to mere assertions. Ooh, she’s putting the burden on them to question their own judgment. You go, Justice Kagan!
Legal reporters and commentators couldn’t hide their surprise at Kagan’s feisty tone. It’s not every day you see a dissent dripping with implicit accusations of misrepresentation and bad judgment. Kagan truly brought the sass and left everyone buzzing.