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26 Apr 2024, 11:39 am by Scott Bomboy
For example, Justice Elena Kagan posed an unusual hypothetical to Sauer related to his argument that the impeachment conviction was required before a former president faced criminal charges. [read post]
25 Apr 2024, 3:16 pm by Mark Walsh
“For a quarter of a century, the institute has brought together the very best of the appellate bar to prepare lawyers for appearances before our court,” said Roberts, who was joined at the event by Justices Elena Kagan and Brett Kavanaugh. [read post]
25 Apr 2024, 2:35 pm by Amy Howe
Justice Elena Kagan lobbed a series of examples, some taken from the indictment, at Sauer and asked him to identify them as involving private or official conduct. [read post]
25 Apr 2024, 12:07 pm by Ben Sperry
But in response to a question from Justice Elena Kagan about distinguishing this case from net neutrality, Prelogar said: Internet service providers are fundamentally different because they are engaged in transmitting data in order to make websites accessible, and that is not inherently expressive…  Now then you might ask, okay, well, what if they want to start discriminating with respect to the service they’re providing for particular types of websites? [read post]
25 Apr 2024, 6:28 am by Ronald Mann
As Justice Elena Kagan put it, “It’s got to be the court’s view of the law, right? [read post]
Justices Elena Kagan and Ketanji Brown Jackson wrestled with Turner on the scope of EMTALA and what it tells hospitals to do. [read post]
24 Apr 2024, 12:45 pm by Amy Howe
Justice Elena Kagan echoed Jackson’s concerns, asking Turner about a scenario in which a pregnant woman arrives at the emergency room with a serious health condition that will not lead to her death, but – without an abortion – will result in her being unable to have more children. [read post]
23 Apr 2024, 2:46 pm by Ronald Mann
’” And Justice Elena Kagan noted that, on the other hand, the burden of leaving a case on the docket is trivial: “But, presumably … a district court will just keep a list of cases now in arbitration, and that list will exist in some file someplace, and nobody will do anything with it, except if there’s a problem. [read post]
23 Apr 2024, 5:17 am
Police officers in Grants Pass, she suggested, don’t arrest others who fall asleep in public with blankets – for example, babies with blankets or people who are stargazing....Justice Elena Kagan compared sleeping in public, for people who are homeless and have nowhere else to go, to “breathing in public. [read post]
22 Apr 2024, 3:14 pm by Whitney Hodges
In the third concurrence, Justice Brett Kavanaugh, joined by Justices Elena Kagan and Jackson, disagreed with Justice Gorsuch. [read post]
22 Apr 2024, 2:49 pm by Amy Howe
Justice Elena Kagan compared sleeping in public, for people who are homeless and have nowhere else to go, to “breathing in public. [read post]
18 Apr 2024, 9:05 pm by Josephine A. Phillips
Writing for a six-member majority, Justice Elena Kagan commented that “had Congress wanted to limit the liability for job transfers to those causing a significant disadvantage, it could have done so. [read post]
16 Apr 2024, 1:34 pm by Amy Howe
Justice Elena Kagan was one of the justices most resistant to Fischer’s argument. [read post]
The court’s three liberal justices, Ketanji Brown Jackson, Sonia Sotomayor and Elena Kagan, objected to this decision, arguing that the law should have remained entirely blocked and that it was the natural order of a case to be challenged and move through the lower courts appropriately. [read post]
15 Apr 2024, 3:38 pm by Amy Howe
Justice Elena Kagan indicated, without explanation, that she would have denied the request. [read post]
15 Apr 2024, 8:52 am by Guest Author
Moreover, as Justice Elena Kagan pointed out at oral argument, one does not have to read “first accrues” to mean the moment when the plaintiff has standing. [read post]