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6 Jul 2020, 10:25 am by Jacob Dougherty
However, Justice Stephen Breyer, with whom Justices Ruth Bader Ginsburg and Elena Kagan joined, said that applying strict scrutiny in all cases of content-based discrimination is inappropriate. [read post]
16 Sep 2024, 3:22 am by SHG
Josh speculates that it’s Justice Elena Kagan speaking out of school. [read post]
30 Jul 2024, 6:00 am by DONALD SCARINCI
Justice Elena Kagan authored a strongly worded dissent, which was joined by Justices Sonia Sotomayor and Ketanji Brown Jackson. [read post]
23 May 2011, 8:55 am by Lyle Denniston
  If Justice Elena Kagan continues her pattern of staying out of most of the Guantanamo cases, the prospect for review of either of those may be quite remote. [read post]
4 Jan 2012, 3:53 pm by Josh Sturtevant
Many on the right have called for Elena Kagan to recuse herself from the consolidated appeals due to her unclear involvement in the legislation in her role as solicitor general. [read post]
19 Jul 2023, 6:00 am by DONALD SCARINCI
“The State must show that the defendant consciously disregarded a substantial risk that his communications would be viewed as threatening violence,” Justice Elena Kagan wrote. [read post]
28 Nov 2023, 5:45 pm by Ronald Mann
For Justice Elena Kagan, the central point was the jury’s basic right to compromise or offer leniency. [read post]
25 Apr 2017, 7:46 am by Steve Vladeck
With some help from Justices Elena Kagan and Sonia Sotomayor, Kretzer responded that Martinez was not only about ensuring that prisoners had at least one meaningful opportunity to raise constitutional objections to their convictions, but also about preventing prisoners from having meritorious arguments forfeited by deficient appellate lawyers. [read post]
11 Apr 2010, 4:24 am by SHG
  Orin Kerr, for examples, notes the hugely divergent backgrounds of the frontrunners, Elena Kagan would also bring notable educational diversity to the Court. [read post]
23 Jun 2016, 11:43 am by Lyle Denniston
  Another Justice who might be counted on to provide a vote for affirmative action in future cases — Elena Kagan — did not take part in the new ruling because she had a role in that case before joining the Court, during her tenure as the U.S. [read post]
19 Apr 2018, 8:02 am by Miriam Seifter
Regarding Washington’s proposed standard of a “large decline,” Justice Elena Kagan asked Purcell, “[D]o you have a number in your head? [read post]
30 Mar 2011, 8:59 am by PunditMom
And that’s where the personal experiences of Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan come in — three women who, undoubtedly, have experienced gender discrimination in their professional lives and can use that lens through which to persuade the testosterone side of the bench to see things differently. [read post]
18 Oct 2017, 4:15 am by Edith Roberts
For this blog, Andrew Hamm highlights recent remarks by Justice Elena Kagan at the Chicago-Kent College of Law. [read post]
19 Apr 2017, 7:25 am by Ronald Mann
” Trying a less confrontational tack, Justice Elena Kagan asked Russell, “if you just look at the language, … can you come up with any sentence [that] points toward your reading rather than towards Mr. [read post]
11 Jan 2022, 10:21 am by Ronald Mann
” For example, Justice Elena Kagan (talking to counsel for the injured Giannina Gallardo) commented that it seemed more sensible to read the statute as describing the kinds of things that Medicaid covers – a “service distinction” rather than a “past/future distinction. [read post]
8 Nov 2010, 7:09 am by Lyle Denniston
  That was at least a preliminary indication that, when the issue does reach the Court, Justice Elena Kagan, a former Obama Administration official, would take part. [read post]
20 May 2010, 12:13 pm
(Thank you to IntLawGrrls for inviting me to write a guest post on the most recent nomination to the Supreme Court)Assuming the Senate confirms Solicitor General Elena Kagan (right) following hearings set to begin June 28, 33% of U.S. [read post]
4 May 2015, 1:17 pm by Gregory D. Snell
” Justice Elena Kagan, writing for the court, also rejected the EEOC’s second argument, stating that “[c]ontrary to its intimation, those letters do not themselves fulfill the conciliation condition: The first declares only that the process will start soon, and the second only that it has concluded. . . . to treat the letters as sufficient — to take them at face value, as the Government wants — is simply to accept the EEOC’s say-so that it… [read post]