Search for: "ROBERT W. KAGAN"
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9 Jul 2019, 5:30 am
“[W]e must consider not only the statements of a particular President, but also the authority of the Presidency itself. [read post]
1 Jul 2019, 8:59 am
Justice Gorsuch wrote for a six-member majority of the Court (he was joined by Justices, Roberts, Thomas, Alito, Kavanaugh, and Kagan). [read post]
27 Jun 2019, 10:05 am
Justice Kagan's dissent nails him with the obvious: "[W]hat all these bills have in common is they are not laws" and not likely to become laws, because the politicians who would make these bills into laws are not going to undo the partisan gerrymandering from which they benefit. [read post]
27 Jun 2019, 4:00 am
Thomas W. [read post]
20 Jun 2019, 7:32 pm
Justice Neil Gorsuch’s dissent was joined by Chief Justice John Roberts and Justice Clarence Thomas. [read post]
17 Jun 2019, 12:45 pm
But from the bench, Alito says, “[W]e have painstakingly researched the text of the Fifth Amendment” and other evidence. [read post]
31 May 2019, 6:00 am
3rd, in striking down the ACA’s conditioning continued participation in the Medicaid program on a state’s acceptance of the ACA’s expansion of that program, Roberts, for the first time in history, invoked a doctrine of unconstitutional “coercion” to invalidate a federal law – and, not insignificantly, drawing support from progressive justices Stephen Breyer and Elena Kagan, making for a 7-2 majority. [read post]
3 May 2019, 7:21 am
United States, which was decided in 1919, Holmes wrote as follows: [W]hen men have realized that time has upset many fighting faiths, they may come to believe even more than they believe the very foundations of their own conduct that the ultimate good desired is better reached by free trade in ideas — that the best test of truth is the power of the thought to get itself accepted in the competition of the market, and that truth is the only ground upon which their wishes safely can be… [read post]
27 Mar 2019, 1:07 pm
” Paul W. [read post]
19 Mar 2019, 7:28 pm
Kagan questioned whether merits decisions by the Appeals Council would be reviewable. [read post]
8 Mar 2019, 3:53 am
” Jess Bravin reports for The Wall Street Journal that, according to Kagan, “Chief Justice John Roberts is weighing whether to create a code of conduct for members of the Supreme Court. [read post]
25 Feb 2019, 12:31 pm
Paul W. [read post]
19 Feb 2019, 1:02 pm
Chief Justice John Roberts and Justice Neil Gorsuch voiced similar concerns. [read post]
6 Feb 2019, 12:53 pm
Daniel Tokaji is Associate Dean for Faculty and Charles W. [read post]
17 Jan 2019, 11:28 am
Justice Elena Kagan echoed this practicality question. [read post]
15 Jan 2019, 8:09 am
Applied here, Kagan suggested, that analysis should “kill you…. [read post]
19 Dec 2018, 1:06 pm
” On the other end of the spectrum, Chief Justice Roberts commented: [T]he FAA is not a suicide pact. [read post]
28 Nov 2018, 4:16 pm
JUSTICE KAGAN: Well, Mr. [read post]
6 Nov 2018, 12:08 pm
Justice Elena Kagan jumped into the fray. [read post]
30 Oct 2018, 12:05 pm
In the next turn of the argument, Ginsburg, Chief Justice John Roberts, and Justice Neil Gorsuch squared off against Geyser. [read post]
