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18 Jun 2024, 11:23 pm by Antonios Baris
The Eleventh Circuit rejected the notion that there should be a three-year cap for damages on a timely claim.The winner takes it all Pretty Tony – Jam The BoxJustice Elena Kagan, basing her 6-3 majority opinion on the assumption that Mr. [read post]
10 Apr 2018, 5:40 am by Jonathan H. Adler
As Justice Elena Kagan remarked, Scalia's opinion is "one of the greatest dissents ever written and every year it gets better. [read post]
6 Apr 2020, 5:03 pm by Derek T. Muller
Democratic National Committee.That’s all the summary or commentary I’ll provide on the merits—changes to the primary could have occurred in the state legislature or, in some jurisdictions, by executive order, and there are challenging questions to consider in primary elections as the election approaches in the midst of a pandemic.Instead, one item struck me in the dispute between the five justice per curiam majority opinion, and the opinion Justice Ruth Bader Ginsburg wrote on… [read post]
1 Oct 2012, 4:36 pm
And Justice John Paul Stevens, another of the five justices in the Grutter majority, has since been replaced by Justice Elena Kagan, the former Solicitor General who already recused herself from the court's deliberations over whether to even hear the Fisher case. [read post]
17 Dec 2014, 10:10 pm
If the court were to agree to hear the case, in my professional opinion all legal bets would be off: That court is packed with liberals, like Sonia Sotomayor and Elena Kagan. [read post]
14 May 2013, 9:13 am by David Oscar Markus
So he likely was pleased Monday when the three decisions announced by Democratic nominees Ruth Bader Ginsburg, Stephen Breyer and Elena Kagan each garnered nine votes. [read post]
27 Jun 2024, 1:15 pm by Alexa Kolbi-Molinas
The court’s concurring opinion authored by Justice Elena Kagan, and joined by Justices Sonia Sotomayor and Ketanji Brown Jackson, in part, echoes the arguments we laid out in our brief. [read post]
4 Oct 2021, 3:30 am by David Oscar Markus
In dissent, Justice Elena Kagan wrote that the majority’s unsigned order “illustrates just how far the court’s ‘shadow docket’ decisions may depart from the usual principles of appellate process. [read post]
9 Jan 2013, 11:09 am by James Hamilton
  Ultimately, there was a settlement that only went to the fund and petitioners did not settle and then the Government put together and brought its case.Justice Elena Kagan described the situation as one involving a decision about enforcement priorities. [read post]
The opinion, penned by Justice Elena Kagan, eliminates a circuit split where nine circuits — including the First, Second, Third, Fourth, Fifth, Sixth, Eighth, Ninth, and Eleventh Circuits — required a showing of prejudice, while two circuits — including the D.C. and Seventh Circuits — did not. [read post]
5 Oct 2020, 8:00 am by JB
Two years later, in 2025, it would be Justice Stephen Breyer's turn, followed by Chief Justice John Roberts (who would remain administrative head of the federal judiciary), Justice Samuel Alito, Justice Sonia Sototmayor, Justice Elena Kagan, and so on.There are no surprises. [read post]
8 Apr 2025, 9:44 am
The majority in that case agreed with their dissenting colleagues – Sotomayor and Jackson, along with Justices Elena Kagan and Amy Coney Barrett – that noncitizens are entitled to notice and an opportunity to challenge their removal. [read post]
22 May 2025, 9:02 am
On the one hand, Justice Elena Kagan warned, a ruling for the charter school board might require a state to approve a religious school whose curriculum bears little resemblance to a traditional public school. [read post]
28 Apr 2021, 12:28 pm by Amy Howe
Justice Elena Kagan also worried that, under the rules proposed by the school district and the federal government, a wide swath of off-campus speech would be fair game for school discipline. [read post]
22 Jun 2018, 11:47 am by Mark Walsh
Justice Ruth Bader Ginsburg has written a dissent, joined by Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan. [read post]
28 Jun 2019, 11:32 am by Justin Riemer
Justice Elena Kagan, in her dissent, writes that “[i]f left unchecked, gerrymanders like the ones here may irreparably damage our system of government. [read post]
14 Oct 2020, 10:00 am by Evan Lee
When Article 43 says “offense punishable by death,” Justice Elena Kagan asked, why doesn’t that mean punishable under all federal law? [read post]
17 Nov 2016, 7:54 am by Victoria Kwan
Justice Elena Kagan headed to Philadelphia this past weekend, sitting for a conversation with Harvard Law School Dean Martha Minow at the American Philosophical Society on November 11 and speaking at the Appellate Judges Education Institute 13th Annual Summit on November 12. [read post]
9 Oct 2020, 11:40 am by Ronald Mann
” Offering much the same take on that problem, Justice Elena Kagan offered a hypothetical in which a large group of people crafted proofs of a mathematics theorem, resulting in some that “are better than others – some are elegant and some are less elegant. [read post]