Search for: "Elena Kagan"
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9 Dec 2009, 2:52 pm
Solicitor General Elena Kagan made clear at the outset that for the PCAOB’s structure to be constitutional, the SEC must have comprehensive control over the PCAOB. [read post]
23 Mar 2020, 11:22 am
Today the Supreme Court, in an opinion by Justice Elena Kagan, upheld that ruling. [read post]
4 Mar 2020, 2:10 pm
Because Sotomayor joined the court at the beginning of the 2009 term and Justice Elena Kagan joined at the beginning of the 2010 term, the above graph relatively diminishes their output. [read post]
9 Nov 2013, 9:27 am
He quickly ran into a question from Justice Elena Kagan, who asked him whether the Constitution would allow an emphatically Christian prayer at the beginning of a Supreme Court session. [read post]
16 Jan 2024, 1:44 pm
" Liberal Justice Elena Kagan asked Texas Solicitor General Aaron Neilson whether there is "an ongoing violation of the Constitution" in a case where the state has taken private property and refused to compensate the owner. [read post]
9 Dec 2009, 3:06 pm
†In response to Solicitor General Elena Kagan’s answer that the President or some member of his staff would call and say “I have a problem with this,†Justice Antonin Scalia’s used a bit of humor to characterizer such a limited description of presidential authority, picturing the President saying, “Would you please change it? [read post]
1 Mar 2017, 3:35 am
Justices Ruth Bader Ginsburg and Elena Kagan were quick to stress that Section 924(c) requires consecutive sentencing, which a one-day sentence for predicate felonies would functionally undermine. [read post]
11 Oct 2016, 1:05 pm
Although there was no clear winner, at least five of the eight justices seemed ready to agree that – at least in this case, which Justice Elena Kagan described as having the “best smoking gun evidence you are ever going to see” – it does. [read post]
1 Apr 2015, 12:23 pm
” The harshest questioning came from Justice Elena Kagan, who could see no plausible basis for distinguishing between non-infringement (the subject of Global-Tech) and invalidity (the dispute at issue here): “Global-Tech says that I have a good-faith defense as to non-infringement, but you’re suggesting I don’t have that good-faith defense as to invalidity. [read post]
19 Oct 2016, 8:45 am
Justice Elena Kagan called the late Justice Antonin Scalia “one of the most important Supreme Court justices ever, and also one of the greatest” at the October 6 dedication of the Antonin Scalia Law School at George Mason University. [read post]
9 Apr 2020, 9:01 pm
In my column today, I focus on the brief but potentially very important passage in Justice Elena Kagan’s majority opinion concerning constitutional stare decisis—the respect the Court pays to its past interpretations of the Constitution. [read post]
5 Nov 2019, 9:18 am
Kansas Solicitor General Toby Crouse (Art Lien) Earlier, Justice Elena Kagan had questioned Kansas Solicitor General Toby Crouse about a comparison to Florida v. [read post]
29 Mar 2020, 9:01 pm
College Savings Bank, the Court ruled that Congress could not authorize private damages lawsuits against states for patent infringement, and as Justice Elena Kagan’s majority opinion in Allen explained, the copyright and patent statutes are “basically identical. [read post]
16 Jan 2019, 10:52 am
She was soon joined by Justices Elena Kagan and Neil Gorsuch in the same line of questioning — which echoed the reasoning of Kavanaugh’s opinion for the D.C. [read post]
7 Nov 2016, 2:33 pm
Justice Elena Kagan, for example, suggested to Ian Gershengorn – who, as Chief Justice John Roberts seemed to emphasize at the start of the argument, serves as the acting U.S. solicitor general, appearing on behalf of the federal government – that the text is “peculiar. [read post]
31 Mar 2016, 2:33 pm
Justice Elena Kagan led this line of questioning. [read post]
27 Jun 2018, 3:41 pm
By this point, Justice Elena Kagan, who went head-to-head with Alito in the 2014 decision in Harris v. [read post]
11 Oct 2017, 12:01 pm
Justice Elena Kagan echoed Sotomayor’s thoughts, telling Clement that the question of whether specific conduct constitutes a violation of international law is different from the question of who can be held liable for that conduct. [read post]
5 Dec 2022, 4:18 pm
Noting that two of her clerks are engaged to be married, Justice Elena Kagan observed that the clerks’ wedding websites contain similar features – for example, the couples’ names, their wedding dates, and links to things like the schedules for the wedding weekend and the couples’ registries. [read post]
31 Oct 2023, 2:40 pm
(William Hennessy) Justice Elena Kagan pressed Mooppan about the broader implications of his rule – and, in particular, whether it would mean that former President Donald Trump could not be held liable for violating the First Amendment when he blocked his critics on X, formerly known as Twitter. [read post]
