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5 May 2014, 2:17 pm by Mark Walsh
Justice Elena Kagan has a rather glum look on her face, and we’ll soon learn why. [read post]
19 Jan 2022, 9:38 am by Suzanna Sherry
Both Justice Elena Kagan and Justice Clarence Thomas asked how a sovereign could be treated “in the same manner” as a private party if a different set of laws applied. [read post]
22 Feb 2023, 1:23 pm by Amy Howe
(William Hennessy) Justice Elena Kagan appeared sympathetic to the family. [read post]
13 Oct 2021, 12:32 pm by Amy Howe
(Art Lien) Justice Elena Kagan saw things differently than some of her more conservative colleagues. [read post]
23 Mar 2023, 1:27 pm by Ronald Mann
(William Hennessy) The problem for VIP was clear from the earliest moments of the argument, as Justices Elena Kagan, Ketanji Brown Jackson, and Sonia Sotomayor vied with each other to interrogate Lisa Blatt, representing Jack Daniel’s, about why this toy was unlike anything that Rogers should protect. [read post]
16 Jan 2018, 6:17 pm by Howard M. Wasserman
She and Justice Elena Kagan tried to understand the difference in appealability between one case with five claims and five cases with one claim that have been consolidated and whether all consolidated cases must be treated the same. [read post]
13 Jan 2015, 2:07 pm by Jim Rossi
” Justice Elena Kagan, in particular, stridently pressed Katyal on whether field preemption of state antitrust claims involving retail pricing is appropriate under the NGA: “The question is whether FERC’s authority should be exclusive or whether it could be concurrent, not field preemption. [read post]
20 Mar 2018, 1:03 pm by Amy Howe
After roughly an hour of oral argument, the law appeared to be in some jeopardy, not only among the court’s more conservative justices but also perhaps at least with Justice Elena Kagan, one of the more liberal justices. [read post]
30 Mar 2022, 9:59 am by Charlotte Garden
Justices Sonia Sotomayor and Elena Kagan both observed that even if stevedores weren’t “seamen,” cargo loaders were “railroad employees. [read post]
21 Mar 2022, 7:57 pm by Amy Howe
Justices Elena Kagan and Amy Coney Barrett asked Thompson about the prospect that multiple legislators could try to intervene to represent the state’s interest. [read post]
19 Jul 2023, 9:05 pm by Katherine Shaw
As Justice Elena Kagan noted in dissent, “state law created MOHELA, but in so doing set it apart,” making it a separate entity both legally and financially. [read post]
23 Jul 2019, 2:00 am by Dylan Young
“None of his arguments provide good reason to doubt Auer deference,” Justice Elena Kagan wrote. [read post]
28 Feb 2024, 3:41 pm by Ronald Mann
The problem for the justices, especially Justices Samuel Alito and Elena Kagan, is that deciding whether an interest requirement “significantly interfere[s]” with a bank’s activities seems like a pretty fact-laden inquiry. [read post]
1 Sep 2021, 11:26 pm by Amy Howe
The vote was 5-4, with Chief Justice John Roberts joining the court’s three liberal justices – Stephen Breyer, Sonia Sotomayor and Elena Kagan – in dissent. [read post]
16 Apr 2018, 8:13 pm by Daniel Hemel
“It’s not just that we have to give meaning to the term ‘money,’” noted Justice Elena Kagan. [read post]
3 Dec 2019, 2:01 pm by Amy Howe
Justice Elena Kagan chimed in, telling Blatt that if Kagan were writing CERCLA, she would give all the power over hazardous-waste cleanups to the EPA. [read post]
6 Sep 2016, 2:59 am by SHG
Who does Justice Elena Kagan think should be on the Court? [read post]
19 Jan 2022, 4:35 pm by Amy Howe
In Justice Elena Kagan’s view, the loan-repayment limit was more like a “restriction on how a candidate can use third parties to finance his speech, which is exactly what contribution limits are,” than it is like spending by the candidate. [read post]
27 Mar 2018, 7:33 am by Howard M. Wasserman
Cahn for respondents (Art Lien) Arguing for the United States, Assistant to the Solicitor General Allon Kedem faced early questions from Justices Anthony Kennedy and Elena Kagan about immediate review under the collateral-order doctrine, and whether review after conviction was unavailable because shackling did not affect the trial. [read post]