On the recordJune 30, 2025
If the idea is to reassure the markets, a simpler — and more judicial — approach would have been to deny the President’s application for a stay.
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Elena Kagan
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msnbc.comIf the idea is to reassure the markets, a simpler — and more judicial — approach would have been to deny the President’s application for a stay.
Kagan criticized the court's decision to expand presidential power over independent agencies.
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More from Elena Kagan
I think as we have done more and more on this emergency docket, there becomes a real responsibility that I think we didn't recognize when we first started down this road, to explain things better.
I don’t think that you would want an enforcement system that was controlled by the executive branch or by the legislature.
They're dangerous in terms of individual justices' security and they're not appropriate in the way to treat a coordinate branch of government.
Our emergency docket, while fit for some things, should not be used to overrule or revise existing law.