Advisory Opinions Justice Kagan’s Supreme Court
Jul 1, 2025
Dive into the latest term of the Supreme Court as the hosts break down significant cases, including those affecting adult content and LGBTQ+ rights. Discover the intricate voting dynamics among justices, especially Justice Kagan's rising influence. Learn about the Texas law requiring age verification for pornography and the broader implications for First Amendment rights. The discussion also touches on parental rights in education and digital content regulations, highlighting the balance between protecting minors and upholding free speech.
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Justice Kagan's Middle Ground Role
- Justice Kagan was more likely to be in the majority than some conservative justices this term.
- The Court shows a complex 3-3-3 ideological alignment, rather than a simple liberal-conservative split.
Porn Case Upheld via Intermediate Scrutiny
- The Supreme Court upheld Texas's internet pornography age-verification law using intermediate scrutiny.
- Age verification burdens on adults are considered reasonable given advances in technology and the state's interest in protecting minors.
Draft Card Analogy in Porn Ruling
- Justice Thomas compared the Texas law to the 1968 draft card burning case, emphasizing incidental burdens on speech.
- The Court crafted a unique intermediate scrutiny test balancing unprotected minor access and protected adult speech.