During a Senate Judiciary subcommittee hearing on Tuesday, Sen. John Kennedy (R-LA) confronted University of Pennsylvania law professor Kate Shaw over past comments and apparent inconsistencies in her stance on nationwide judicial injunctions.
The exchange occurred as the panel discussed the use — and alleged abuse — of universal injunctions that allow a single federal judge to block nationwide policy.
Shaw, a constitutional law professor and commentator, was among several expert witnesses called to testify at the hearing.
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She is also known publicly for her role as a legal analyst and as the spouse of MSNBC host Chris Hayes.
Sen. Kennedy opened his questioning by addressing the broader legal issue.
“Do any of you think that nationwide or universal injunctions are not being abused?” he asked the panel.
Shaw responded cautiously. “I’m not sure what the — if I may, Senator, I’m not sure what the time horizon of the question is,” she said.
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She acknowledged that there are “good faith disagreements” about how these injunctions are used, but concluded, “I have not seen… abuse. No.”
Kennedy pushed back, referencing Shaw’s past writing.
“I’ve read your stuff and, and I’ve read your writings,” he said.
“I don’t wanna get bogged down with this, but I have little respect for your opinion because I’ve read your stuff.”
He accused Shaw of shifting standards based on political alignment. “When someone is in the White House that you agree with and someone gets a universal injunction against him, you don’t like universal injunctions,” Kennedy said.
“You called them, ‘judges acting like they’re politicians in robes and judges looking like crass political actors.’ But now that President Trump’s in the White House — who you dislike — you think that universal injunctions taste like pumpkin pie.”
Kennedy then criticized Shaw’s objectivity. “I have to discount what you say ’cause I think you act on your political beliefs,” he said.
“And I worry that that’s what you’re teaching your kids.”
🚨THAT’S GOTTA HURT: Senator Kennedy just eviscerated this Democrat witness’ credibility on rogue judges and the weaponization of the judicial branch.
“I’ve read your stuff…I have little respect for your opinion…Now that President Trump’s in the White House — who you dislike… pic.twitter.com/9du8Eqf1fP
— Townhall.com (@townhallcom) June 3, 2025
Later in the hearing, Kennedy referenced a comment made by Shaw in April 2024, in which she allegedly characterized certain members of the Supreme Court as “evil.”
“On April 22nd, 2024, you said there are some members of the Supreme Court that are evil,” Kennedy stated.
“Which justices were you talking about?”
Shaw responded, “I’ll take it at your word, Senator. I don’t recall using that word.”
Kennedy then read from what he said was a transcript of her remarks: “You said, quote, ‘Justice Kagan, I mean, will she be able to control the opinion’s future distortion by her evil colleagues? Probably not.’ End quote.”
Shaw suggested the comment may have been a “transcription error,” and added, “I do not think I said that.”
Kennedy pushed further. “No, you said it. Why don’t you own up to it?” he asked.
“Which ones do you think are evil?”
Shaw declined to elaborate, and Kennedy concluded by asking, “You’re embarrassed that you made that statement, aren’t you?” When Shaw said she doesn’t speak that way “in the classroom,” Kennedy replied, “You did right here… on your podcast. April 22nd, 2024. Big. As. Dallas.”
🚨WATCH: @SenJohnKennedy blasted UPenn law professor Kate Shaw for referring to Supreme Court justices as “evil.”
“You’re an officer of the court,” Sen. Kennedy said. “You know what I’m embarrassed at? That you’re teaching our kids.” pic.twitter.com/uUHbUbw7gX
— Off The Press (@OffThePress1) June 3, 2025
The hearing continued, but Kennedy’s exchange with Shaw drew particular attention, with video clips of the questioning widely circulated online afterward.
The Judiciary subcommittee is expected to hold additional sessions to evaluate potential reforms to how nationwide injunctions are issued.
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