Search for: "Matter of Kagan"
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9 Jun 2023, 8:00 am
In a 9-0 opinion drafted by Justice Elena Kagan, the Supreme Court reversed the 9th Circuit’s holding. [read post]
8 Jun 2023, 6:49 am
” Following up on a question by the Chief Justice, Justice Elena Kagan asked if that statement in the brief is meant to guard against “bad faith” or other forms of abuse, which the Assistant Solicitor General answered it does. [read post]
7 Jun 2023, 10:46 am
In Iancu, the PTO rejected trademark protection for the clothing brand FUCT (pronounced exactly as you might think) because of a prohibition on protection for "immoral or scandalous matter. [read post]
7 Jun 2023, 8:30 am
Well done, BCA can favor major regulations, such as phasing out CFCs, reducing particulate matter air pollution, and sound climate policy.[12] The challenge is to get beyond “tunnel vision,”[13] and to counteract “disregard” of impacts and affected subgroups.[14]Assessing all important impacts helps overcome these cognitive limitations, and the “omitted voice” of underrepresented subgroups, by pressing policy makers to think more holistically and… [read post]
6 Jun 2023, 8:29 am
” Justice Elena Kagan spoke to this concern in her concurrence, stating: “in ordinary language, one thing is adjacent to another not only when it is touching, but also when it is nearby. [read post]
6 Jun 2023, 8:29 am
” Justice Elena Kagan spoke to this concern in her concurrence, stating: “in ordinary language, one thing is adjacent to another not only when it is touching, but also when it is nearby. [read post]
6 Jun 2023, 8:29 am
” Justice Elena Kagan spoke to this concern in her concurrence, stating: “in ordinary language, one thing is adjacent to another not only when it is touching, but also when it is nearby. [read post]
5 Jun 2023, 12:29 pm
Justice Gorsuch, joined by Justices Thomas, Sotomayor, and Kagan, found that the allegations in the complaint were insufficient as a matter of law to demonstrate a substantial burden on interstate commerce, a showing Pike requires before a court may assess the law’s competing benefits or weigh the two sides against each other. [read post]
31 May 2023, 8:09 pm
Instead, we got a majority opinion that includes separately stated views from Justices Gorsuch, Thomas, Barrett, Sotomayor, and Kagan, rejecting the claim for different reasons. [read post]
31 May 2023, 8:09 pm
Instead, we got a majority opinion that includes separately stated views from Justices Gorsuch, Thomas, Barrett, Sotomayor, and Kagan, rejecting the claim for different reasons. [read post]
31 May 2023, 5:20 am
Importantly, all new rules, no matter their cost-benefit ratio, are subject to these constraints. [read post]
30 May 2023, 12:09 pm
The post Andy Warhol at the Supreme Court: For Fair Use, Context Matters appeared first on Business & Litigation Lawyers . [read post]
30 May 2023, 6:00 am
” As Justice Kagan explained, “The claim, again, is about subjection to an illegitimate proceeding, led by an illegitimate decisionmaker. [read post]
28 May 2023, 4:46 pm
” Kagan v. [read post]
26 May 2023, 10:54 am
The majority opinion utterly ignores the role of agency expertise in applying the science of hydrogeology and, as Justice Kagan says in her concurrence [to the dissent], effectively usurps the policymaking role of Congress. [read post]
Chief Justice John Roberts and the “Privilege” of Seeing the World from Behind Fences and Barricades
25 May 2023, 9:01 pm
But, in a subtle dig, she reminded her audience that the Court’s rulings “matter in people’s lives and that shouldn’t be forgotten. [read post]
25 May 2023, 1:33 pm
" He writes: In sum, we hold that the CWA extends to only those wetlands that are "as a practical matter indistinguishable from waters of the United States. [read post]
25 May 2023, 11:07 am
Kavanaugh’s concurrence was joined by Justices Sotomayor, Kagan and Jackson. [read post]
25 May 2023, 8:40 am
” Four justices – Sonia Sotomayor, Elena Kagan, Brett Kavanaugh, and Ketanji Brown Jackson – agreed that the CWA does not apply to the wetlands on the Sacketts’ lot, but they disagreed with the majority’s reasoning. [read post]
22 May 2023, 1:38 am
The majority opinion was penned by Justice Sotomayor, who matched Justice Kagan’s eloquent yet heated dissent footnote for footnote over the course of an 87-page exchange. [read post]
