Op-Ed: Kagan Joins Court History in Rare Solo Dissent
Newser • • world
Key Points:
- Justice Elena Kagan issued her first solo dissent in 16 years on the Supreme Court in the case Havana Docks Corp. v. Royal Caribbean Cruises, highlighting a rare move for a justice known for valuing consensus.
- Law professors Grant Christensen and Anne Mullins note that lone dissents are uncommon, occurring in fewer than 1 in 11 Supreme Court cases since 2000, and are typically penned by justices more willing to challenge the institution than Kagan.
- Kagan's dissent critiques the majority for misapplying property law by focusing on the physical docks ("spatial") while ignoring the time-limited nature ("temporal") of Havana Docks' rights, reflecting a careful, instructional approach rather than outright defiance.
- The authors compare Kagan’s dissent to historically significant solo opinions, such as Justice John Harlan’s in Plessy v. Ferguson, which ultimately influenced landmark rulings like Brown v. Board of Education, suggesting Kagan’s dissent could have future legal impact.
- This dissent underscores Kagan’s commitment to judicial principles and preservation of legal clarity, signaling a potential shift in her willingness to stand apart when necessary.