Elena Kagan Is So Sick Of The Supreme Court's Crap

Striking down Biden's student loan forgiveness plan was the last straw for her.

Senate Confirmation Hearings For Elena Kagan Continue

(Photo by Brendan Smialowski/Getty Images)

Ed. note: Welcome to our daily feature, Quote of the Day.

In every respect, the Court today exceeds its proper, limited role in our Nation’s governance.

— Justice Elena Kagan, writing in dissent in Biden v. Nebraska, where the Supreme Court struck down President Joe Biden’s loan forgiveness plan, one of his signature initiatives, in a 6-3 decision. “The Court, by deciding this case, exercises authority it does not have,” she wrote later on in her dissent. “It violates the Constitution.” In his majority opinion, Chief Justice John Roberts wrote that the Biden administration had attempted to “seiz[e] the power of the legislature” in this bid to cancel so much student debt. Kagan, on the other hand, counters that argument, writing, “[I]n a case not a case, the majority overrides the combined judgment of the Legislative and Executive Branches, with the consequence of eliminating loan forgiveness for 43 million Americans. I respectfully dissent from that decision.”


Staci ZaretskyStaci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.