Search for: "Matter of Kagan"
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24 Apr 2023, 4:37 am
Accordingly, writing on a blank slate I might say that stare decisis in statutory cases ought to be as strong as in constitutional cases but not much stronger.That's all as a general matter. [read post]
23 Apr 2023, 6:36 pm
I doubt my criticism will matter much to Biskupic. [read post]
22 Apr 2023, 5:08 am
S. ___, ___ (2022) (KAGAN, J., dissenting) (slip op., at 2). [read post]
22 Apr 2023, 3:32 am
This matter is far from over. [read post]
21 Apr 2023, 7:12 pm
But no matter. [read post]
20 Apr 2023, 12:24 pm
(William Hennessy) Justice Elena Kagan was more skeptical of Counterman’s argument. [read post]
20 Apr 2023, 12:14 pm
(Justice Kagan did not think Axon’s complaint explicitly raised the clearance issue and so did not address it.) [read post]
19 Apr 2023, 2:47 pm
Defense counsel countered that Petitioners’ approach would be unworkable as a practical matter in many contexts and would unduly burden every company that does business, directly or indirectly, with the government. [read post]
18 Apr 2023, 9:01 pm
In addition, the constitutional claims were outside the agencies’ expertise and unrelated to the subject matter of the agency proceedings. [read post]
18 Apr 2023, 10:27 am
” Kagan seemed to have a different view, as she expressed some pretty well-defined views about the propriety of Section 12 liability here. [read post]
18 Apr 2023, 8:53 am
(The FTC “knows a good deal about competition policy, but nothing about the separation of powers,” Justice Kagan wrote).Last month, another individual’s challenge to FINRA disciplinary proceedings was rejected on jurisdictional grounds by a district and an appellate court. [read post]
17 Apr 2023, 6:10 am
The rationale for deference is that the agency has subject-matter expertise. [read post]
17 Apr 2023, 6:10 am
The rationale for deference is that the agency has subject-matter expertise. [read post]
15 Apr 2023, 10:36 am
Justice Elena Kagan wrote the opinion for the Court in Axon v. [read post]
14 Apr 2023, 4:00 pm
But as a matter of policy, in writing her dissent, Justice Kagan let Congress know how pathologically foolish she thought it was for them to have said what they said as broadly as they said it, not only in section 1519 but in many other places in the federal criminal code. [read post]
14 Apr 2023, 3:05 pm
” Kagan’s opinion notes that an earlier case, Free Enterprise Fund v. [read post]
14 Apr 2023, 1:58 pm
See, for example, these descriptions of Justices Gorsuch, Kagan, Alito, Kavanaugh Roberts, Thomas, Sotomayor, Coney-Barrett, Brown Jackson, Scalia all use the same word: “affable. [read post]
11 Apr 2023, 3:32 am
Russian authorities systematically repress religious liberty in Russia as a matter of state policy. [read post]
3 Apr 2023, 6:39 am
Section 6 of each of the Florida bills seems aimed at bringing the matter to the Court. [read post]
30 Mar 2023, 10:26 pm
No matter how hard Roberts slices it, he is the most political Justice. [read post]
