A newly released Supreme Court ruling shows Justice Elena Kagan taking shots at the legal reasoning of fellow Justice Brett Kavanaugh.
As flagged by Slate legal writer Mark Joseph Stern, Kagan wrote the majority opinion for a case involving a worker's compensation in which respondent Michael Hewitt argued he was entitled to overtime pay for often working 84 hours per week, despite the fact that the company he worked for, Helix Energy Solutions, paid him a flat rate per every day worked.
Kavanaugh, along with Justices Samuel Alito and Neil Gorsuch, was one of three to dissent from the majority ruling, and Kagan pointed out some of the flaws in the arguments in some of her footnotes.
"The dissent... tries just to power past the regulatory text," Kagan chided Kavanaugh in one footnote. "The dissent reasons that because Hewitt received more than $455 for a day’s work, he must have been paid on a salary basis. That is a non-sequitur to end all non-sequiturs. Hewitt’s high daily pay ensured that the HCE rule’s salary-level requirement would not have prevented his exemption: $963 (per day) is indeed more than $455 (per week)."
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In another footnote, Kagan noted that Helix Energy Systems made an argument in their Supreme Court hearing that they did not make in lower courts, which by custom means that the Supreme Court would not consider it in their ruling -- although she couldn't help but note that Kavanaugh decided to "opine on it anyway" in his dissent.