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Kagan's Dissent Reflects Court's Shift on Student Loans

10/31/2025

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Summary

Story summary

Justice Elena Kagan, Associate Justice of the U.S. Supreme Court, circulated a draft dissent in 2023 as the court prepared to overturn President Biden's student loan forgiveness program.
The draft criticized Chief Justice John G. Roberts Jr., but Kagan removed the most intense critiques before the decision was public.
As the court shifts right, Kagan has weighed a more confrontational approach and concluded a careful stance is more effective.

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Story summary

Justice Elena Kagan, Associate Justice of the U.S. Supreme Court, circulated a draft dissent in 2023 as the court prepared to overturn President Biden's student loan forgiveness program.
The draft criticized Chief Justice John G. Roberts Jr., but Kagan removed the most intense critiques before the decision was public.
As the court shifts right, Kagan has weighed a more confrontational approach and concluded a careful stance is more effective.