Courts

Elena Kagan Makes The Best Possible Dig At Samuel Alito

Her pettiness is the stuff of legend.

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SCOTUS- KAGAN

(Photo by Rafael Suanes/MCT/Tribune News Service via Getty Images)

It was recently discovered that Supreme Court justice Samuel Alito has a penchant for displaying insurrectionist flags at his homes. The first — but not the last — flag coopted by those who wrongly believe the 2020 was stolen from Donald Trump that was flown at an Alito residence was an upside-down American flag. Remember this detail — it will be important later.

Today, the Supreme Court okayed racial gerrymanders in South Carolina. The six justices appointed by Republican presidents were in the majority. Notably, Chief Justice John Roberts assigned the writing of the majority opinion to Alito. Writing for the dissent is Elena Kagan. She’s known for a blistering pen and clever way with words, and it very much appears that she used it in this case.

As spotted by Fix the Court’s Gabe Roth:

That’s right — she chastised the Alito opinion for its “upside-down application” of the law. Now, I don’t have access to enough metadata for the dissent to know when that particular turn of phrase was added, but I simply refuse to believe it was any earlier than May 16th.

Earlier: Samuel Alito Throws Wife Under The Bus Over ‘Stop The Steal’ Flag
Phillies Fans Brutally Roast Samuel Alito
The Sam Alito Flag Excuses Keep Getting Dumber
Helpful Field Guide For Identifying The Next Flag At Sam Alito’s House

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Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @Kathryn1@mastodon.social.

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