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20 Jul 2020, 9:05 pm by Bernard W. Bell
As Justice Elena Kagan’s dissent noted, however, the multi-member commission format complicates presidential control since a single agency director is easier to control than a multi-member commission or board. [read post]
23 Apr 2018, 2:33 pm by Ronald Mann
Wall (Art Lien) More expansively, Justice Elena Kagan seemed viscerally sensitive to the importance of maintaining the independence of adjudicators from political influence. [read post]
13 Jul 2011, 9:27 am by David Lat
Jane Kucera (Harvard 2008 / Gorsuch)Justice Elena Kagan 1. [read post]
18 Mar 2024, 9:36 pm by Ilya Somin
UPDATE: In the original version of this post, I accidentally attributed a statement by Justice Elena Kagan to Justice Ketanji Brown Jackson. [read post]
26 Aug 2021, 8:01 pm by Amy Howe
The justices divided along ideological lines, with the court’s three liberal justices – Stephen Breyer, Sonia Sotomayor and Elena Kagan – dissenting from the unsigned eight-page decision. [read post]
21 Jun 2013, 2:10 pm by John Lewis
” The Dissent Justice Elena Kagan filed a dissent that was joined by Justices Ruth Bader Ginsburg and Stephen Breyer. [read post]
4 Sep 2018, 1:39 pm by Ilya Somin
That applies to Obama nominees Merrick Garland, Sonia Sotomayor, and Elena Kagan, and Bush nominees Samuel Alito and John Roberts. [read post]
23 Mar 2022, 5:30 am by Michael C. Dorf
 After all, if past ties alone suffice to require recusal, then not only Justice Jackson, but also the following Justices would need to recuse from the Harvard case: Chief Justice Roberts--like Jackson, holding degrees from Harvard College and Harvard Law School, where he was managing editor of the Harvard Law Review; Elena Kagan, also a Harvard Law School alum and, for goodness sake, the former Dean of Harvard Law School; and Neil Gorsuch, yet another Harvard Law School alum.… [read post]
11 Jun 2013, 10:55 am by John Lewis
  Writing for the Court, Justice Elena Kagan noted that “Oxford chose arbitration, and it must now live with that choice. [read post]
3 Oct 2018, 10:42 am by Ilya Somin
" On this key point, Justice Elena Kagan appeared to agree with the conservatives, as she explained in an exchange counsel for the Township: I think you have a pretty good argument that there's no Fifth Amendment violation until both the taking has been accomplished and there's been a denial of just compensation. [read post]
21 Apr 2025, 5:37 pm
Justice Elena Kagan echoed Kavanaugh’s concern, telling Mitchell that “we don’t go around creating independent agencies. [read post]
8 Oct 2013, 5:34 am by David Markus
” In remarks at Harvard last month, Justice Elena Kagan agreed. [read post]
12 Oct 2020, 9:05 pm by Meghan Downey
In a concurring opinion, Justice Elena Kagan agreed that HRSA had the statutory authority to create exemptions from the contraceptive coverage requirement, although she was unpersuaded by the majority’s rationale that the ACA’s plain text gave HRSA such authority. [read post]
22 Jun 2015, 12:30 pm by Mark Walsh
The Court takes the bench just a few seconds after ten o’clock, and Justice Elena Kagan has the opinion in Kimble v. [read post]
28 Nov 2022, 2:05 pm by Amy Howe
Justice Elena Kagan asked about a scenario in which a public official briefly resigns so that he can take a bribe but then returns to his job almost immediately. [read post]
23 Feb 2023, 11:25 am by Charlotte Garden
After parsing detailed regulatory language, a six-justice majority sided with Hewitt; the opinion, authored by Justice Elena Kagan, ultimately turns on the intuitive conclusion that someone who earns a day-rate is not paid on a “salary basis. [read post]
5 Oct 2016, 12:09 pm by Amy Howe
Justice Elena Kagan echoed this sentiment later, telling Keller that Quijano’s testimony “seems more prejudicial when the defense attorney uses it. [read post]