On the recordJuly 3, 2025
I do not see how a district court can compel compliance with an order that this court has stayed.
Said by
Elena Kagan
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nbcnews.comI do not see how a district court can compel compliance with an order that this court has stayed.
Kagan expressed her view on the limitations of district court authority in this case.
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More from Elena Kagan
I first joined the court in 2010. Our security was very different at the time.
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.
We are, as we have said many times before, ‘a court of review, not of first view.’
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.