Search for: "Matter of Kagan"
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8 Jul 2023, 8:32 am
" Exactly the sort of case, one would think, that federal courts must, as a constitutional matter, decline to hear, for the simple reason that it does not yet exist (and may never exist—see below). [read post]
7 Jul 2023, 9:31 am
’” Justice Kagan, joined by Justice Sotomayor and Justice Jackson, dissented. [read post]
6 Jul 2023, 11:00 am
Justice Sonia Sotomayor issued a strongly worded dissent joined by Justices Elena Kagan and Ketanji Brown Jackson, in which she maintained that majority “cements a superficial rule of colorblindness as a constitutional principle in an endemically segregated society where race has always mattered and continues to matter. [read post]
5 Jul 2023, 12:02 pm
See post, p. ___ (KAGAN, J., dissenting). [read post]
5 Jul 2023, 10:12 am
To further complicate matters, the Court’s earlier application of MQD to a benefits program in King v. [read post]
5 Jul 2023, 9:30 am
’” “Generic” phrases referring to what Congress may regulate as a constitutional matter, Alito wrote, do not rebut the presumption against extraterritoriality.. [read post]
5 Jul 2023, 6:56 am
” Post, at 26 (opinion of KAGAN, J.). [read post]
5 Jul 2023, 4:24 am
No, responded Sotomayor, who was joined by Justices Elena Kagan and Ketanji Brown Jackson. [read post]
4 Jul 2023, 9:02 pm
Justices Ketanji Brown Jackson, Sonia Sotomayor, and Elena Kagan—esp. [read post]
3 Jul 2023, 3:29 pm
Trinity was a 7-2 decision, that was joined by Justices Breyer and Kagan. [read post]
3 Jul 2023, 2:35 pm
As a general matter, the plaintiff gets to decide where to sue a defendant. [read post]
3 Jul 2023, 11:14 am
In so holding, the Court cements a superficial rule of colorblindness as a constitutional principle in an endemically segregated society where race has always mattered and continues to matter. [read post]
1 Jul 2023, 1:13 pm
In Masterpiece Cakeshop, the Court primarily focused on the bakery owner's religious objections but deliberately avoided ruling on the matter of free speech. [read post]
1 Jul 2023, 12:48 am
”Why does this matter? [read post]
30 Jun 2023, 3:28 pm
ShareThe Supreme Court agreed to decide what protections Title VII of the Civil Rights Act of 1964 provides to employees who contend they were the victim of a discriminatory transfer. [read post]
30 Jun 2023, 12:37 pm
EPA, where Justice Kagan's dissent makes a strong argument that the statute did in fact clearly grant the authority the Biden Administration claims. [read post]
30 Jun 2023, 11:24 am
He explained that Colorado cannot “force an individual to speak in ways that align with its views but defy her conscience about a matter of major significance. [read post]
30 Jun 2023, 9:58 am
"Colorado seeks to force an individual to speak in ways that align with its views but defy her conscience about a matter of major significance," Gorsuch added.Gorsuch's majority opinion was joined by the court's Republican-appointed justices, while liberal Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson dissented. [read post]
30 Jun 2023, 9:29 am
This fact underlies our cases involving everything from movie producers to book publishers to newspapers....In this case, Colorado seeks to force an individual to speak in ways that align with its views but defy her conscience about a matter of major significance. [read post]
30 Jun 2023, 8:20 am
Under Colorado's logic, the government may compel anyone who speaks for pay on a given topic to accept all commissions on that same topic—no matter the underlying message—if the topic somehow implicates a customer's statutorily protected trait. [read post]
