Search for: "ELENA KAGAN"
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29 Jun 2023, 9:31 am
Justice Sonia Sotomayor – a graduate of Princeton and Yale Law School who once called herself “the perfect affirmative action baby” – dissented, in an opinion that was joined by Justices Elena Kagan and Ketanji Brown Jackson. [read post]
29 Jun 2023, 7:02 am
Roberts, Jr. and Justices Elena Kagan and Amy Coney Barrett joined, concurring in the judgment. [read post]
28 Jun 2023, 8:01 am
The majority opinion of Justice Elena Kagan indicates that there was no evidence that there ever was any form of physical contact or that Counterman ever actually “followed/stalked” the purported victim. [read post]
27 Jun 2023, 1:33 pm
Justice Amy Coney Barrett dissented, in an opinion joined by Chief Justice John Roberts and Justices Elena Kagan and Brett Kavanaugh. [read post]
27 Jun 2023, 10:44 am
Justice Elena Kagan wrote for the court, with an opinion that was joined by Chief Justice John Roberts and Justices Samuel Alito, Brett Kavanaugh, and Ketanji Brown Jackson. [read post]
27 Jun 2023, 9:01 am
In an opinion by Roberts that was joined by Justices Sonia Sotomayor, Elena Kagan, Brett Kavanaugh, Amy Coney Barrett, and Ketanji Brown Jackson, the court began with the question of whether it could reach the “independent state legislature” question at all after the North Carolina Supreme Court – which switched to a 5-2 Republican majority as a result of the November 2022 elections – ruled that it does not have the power to review the challenges to the map.… [read post]
27 Jun 2023, 7:03 am
Roberts, Jr. and Justices Elena Kagan and Brett M. [read post]
26 Jun 2023, 8:34 am
Justice Elena Kagan wrote on behalf of the unanimous Court. [read post]
24 Jun 2023, 2:08 pm
’” Justice Sotomayor dissented, in an opinion joined by Justices Neil Gorsuch and Elena Kagan. [read post]
23 Jun 2023, 4:07 pm
Dissenting Justices Elena Kagan and Sonia Sotomayor wrote: “A prisoner who is actually innocent, imprisoned for conduct that Congress did not criminalize, is forever barred… from raising that claim… because he previously sought postconviction relief. [read post]
23 Jun 2023, 3:46 pm
Justice Elena Kagan’s dissenting opinion emphasizes this point, arguing that, in light of the other evidence introduced at trial, there is not “a lick of difference” between the impact of the confession in Samia’s trial and the one introduced in Gray. [read post]
23 Jun 2023, 3:37 pm
The dissent of Justice Ketanji Brown Jackson (joined by Justices Elena Kagan and Sonia Sotomayor and for the most part by Justice Clarence Thomas) makes those points pretty successfully. [read post]
23 Jun 2023, 10:03 am
Justice Brett Kavanaugh wrote for a majority that included Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson. [read post]
23 Jun 2023, 7:02 am
And Justice Jackson issued a dissenting opinion, in which Justices Sotomayor and Elena Kagan joined in full and Justice Thomas joined in large measure. [read post]
23 Jun 2023, 6:37 am
” Justices Sonya Sotomayor and Elena Kagan filed a separate dissent, agreeing with Jackson’s assessment of the “disturbing results” of the court’s decision. [read post]
22 Jun 2023, 7:02 am
Gorsuch issued a dissenting opinion, in which Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson joined. [read post]
21 Jun 2023, 1:57 pm
Writing for the Court, Justice Elena Kagan reasoned that based on the structure of the qui tam provision in the False Claims Act, the United States could only move to dismiss a case if it is a party, and that the Government must, therefore, first intervene in the qui tam suit before moving to dismiss it. [read post]
18 Jun 2023, 9:01 pm
Given the relatively arcane subject matter, Justice Elena Kagan wrote a delightfully lively majority opinion in Polansky parsing the various provisions and sub-provisions of the FCA to conclude that the government’s dismissal motion was timely after all and should be evaluated under Federal Rule of Civil Procedure 41, just like a comparable non-qui-tam motion for voluntary dismissal.Justice Clarence Thomas was the lone dissenter. [read post]
18 Jun 2023, 2:12 pm
Justice Elena Kagan, writing for the majority, pointed out the unique nature of the statute, saying: The statute is unusual in authorizing private parties—known as relators—to sue on the Government’s behalf. [read post]
17 Jun 2023, 3:45 am
Little and Rosen argue the Court’s final opinion, written by Justice Elena Kagan, did not explore the intersection of trademark law and humorous expression. [read post]
