CNN Pundit Refers to Justice Kagan As Political 'Hack'

During a weekend segment on CNN's Saturday Morning Table for Five, where Scott Jennings, a conservative commentator and Daily Mail columnist, reacted to the Supreme Court’s 6-3 ruling on Friday, regarding nationwide injunctions related to President Donald Trump’s executive order on birthright citizenship. 

The Supreme Court’s decision, authored by Justice Amy Coney Barrett, limited the ability of federal district judges to issue nationwide injunctions that block executive policies across the entire country.

Specifically, the ruling addressed Trump’s executive order, signed on January 20, 2025, which seeks to end automatic birthright citizenship for children born in the U.S. to undocumented immigrants or those on temporary visas. 

Justice Kagan

The court did not rule on the constitutionality of the executive order itself but focused on the procedural issue of nationwide injunctions. 

The 6-3 decision, split along ideological lines, partially lifted injunctions issued by federal judges in Maryland, Massachusetts, and Washington, allowing Trump’s order to potentially take effect in 28 states that did not challenge it, starting 30 days after the ruling (July 27, 2025).

Liberal Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson dissented. Sotomayor, reading her dissent from the bench, called the ruling a “travesty for the rule of law” and argued it enables the executive branch to bypass constitutional constraints.

Jennings, known for his conservative perspective on CNN, used the segment to critique the use of nationwide injunctions and specifically called out Justice Elena Kagan for perceived inconsistency. He referenced a 2022 statement Kagan made at a Northwestern University law school discussion, where she reportedly said, “It just can’t be right that one district judge can stop a nationwide policy in its tracks.” 

🔥@ScottJenningsKY slams Kagan with her own words as she reverses course on nationwide injunctions:

"Kagan said that of course, when we had a Democrat president. Now, she voted against the decision."

“Just goes to show you that some of these folks really are HACKS." https://t.co/hjugXlojAr pic.twitter.com/dqlytMbdpN

— Western Lensman (@WesternLensman) June 28, 2025

Jennings argued that Kagan’s dissent in the 2025 ruling contradicts her earlier stance, suggesting hypocrisy since her 2022 comment was made under a Democratic administration (Biden’s). He stated, “Just goes to show you that some of these folks really are hacks,” implying that Kagan’s position shifted based on political alignment.

Jennings further celebrated the ruling as a “great day for Donald Trump,” noting that it clears the way for Trump to enact his agenda, including the birthright citizenship order, while also highlighting other achievements like stock market highs and diplomatic efforts.