Birdnow's Aviary

April 01, 2026

Kagan Spanks Brown Jackson

Timothy Birdnow

Elena Kagan, no Conservative, slammed Katanji Brown Jackson for her insane opinion over the Colorado conversion-therapy ban.

From Fox News:

Kagan joined the eight justices in finding that the Colorado government erred in regulating Chiles' practice because the state used a 2019 law that only banned therapists from counseling minors if the therapy entailed advising them on how to resist becoming transgender or gay. That amounted to restricting one viewpoint, in violation of the First Amendment, the majority said.

Kagan said that if the law were "content-based" rather than "viewpoint-based," it would present less of a free speech problem.

"Because the State has suppressed one side of a debate, while aiding the other, the constitutional issue is straightforward," Kagan said. "It would, however, be less so if the law under review was content-based but viewpoint neutral."

That pretty much sums it up; the state cannot suppress counseling on a controversial issue as opposed to "content based" aka if the medical professional was advocating some novel treatment that has no basis in science. But that's not what talk therapy is doing, and so people have the right to express a viewpoint when engaging in what is essentially a conversation.

This couldn't be clearer - except to Brown Jackson who is about as sharp as a feather. Even a low wattage bulb like Kagan can see that.

Posted by: Timothy Birdnow at 07:25 AM | No Comments | Add Comment
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