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15 May 2025, 1:21 pm
Justice Elena Kagan queried whether individual challengers would even be able to have a class certified, which would allow a group of plaintiffs to obtain collective relief. [read post]
3 Nov 2020, 5:33 pm by Alejandro Camacho and Melissa Kelly
Alito, along with Justices Stephen Breyer and Elena Kagan, suggested that the December 2013 biological opinions could be considered final documents. [read post]
21 Mar 2011, 3:23 pm by Lyle Denniston
  He also heard, from Justice Elena Kagan, a compromise way that he could win. [read post]
4 Oct 2017, 12:47 pm by Amy Howe
” The children (and the rest of the courtroom) also got a peek into Justice Elena Kagan’s younger years, as she admitted that she may have once attended large parties where she didn’t know the host and other guests “may” have been smoking marijuana. [read post]
11 Nov 2022, 9:22 am by Howard M. Wasserman
Chief Justice John Roberts and Justices Elena Kagan and Brett Kavanaugh emphasized how the statute uses the word rights “over and over again” and requires recipients to “protect” those rights; Robbins urged the court to look beyond isolated word to focus on the statute’s “unambiguous focus” on the officers and offices regulating facilities rather than facility residents. [read post]
22 Apr 2022, 7:35 am by Eve Brensike Primus
Perhaps the most important part of the case is how Justice Neil Gorsuch, writing for a six-member majority, sets the stage for future narrowing of the scope of the Great Writ – a choice that prompted a fiery dissent from Justice Elena Kagan (joined by Justices Stephen Breyer and Sonia Sotomayor). [read post]
9 Nov 2016, 11:37 am by Amy Howe
Justice Elena Kagan quickly followed up, asking Kneedler why the government couldn’t achieve the same objectives using “entirely gender-neutral language” that would apply to both unmarried fathers and unmarried mothers. [read post]
7 Dec 2021, 5:54 pm by Shoba Sivaprasad Wadhia
On the statutory text, Justice Elena Kagan asked Fleming if there are other places in the statute and regulations to confirm that the phrase “any judgment regarding the granting of relief” applies only to the step 2 discretionary decision. [read post]
2 Mar 2011, 6:12 am by Adam Chandler
In the Washington Post, Bob Barnes reports that “[t]he Supreme Court is talking more and listening less, with new arrivals Justices Sonia Sotomayor and Elena Kagan proving to be aggressive additions to what was already an assertive court. [read post]
2 Dec 2019, 10:53 am by Amy Howe
Justice Elena Kagan dismissed Wall’s suggestion that the gun owners’ complaint was not “focused” on money damages. [read post]
2 Nov 2022, 5:48 pm by Noam Biale
The end of Feigin’s argument focused on what Congress intended when it created the exceptions to 2255(h)’s bar on successive petitions and did not include statutory claims, in response to questions from Sotomayor and Justice Elena Kagan. [read post]
11 Dec 2019, 1:29 pm by Amy Howe
Justice Elena Kagan proposed a different rule, championed by Judge Danny Boggs of the 6th Circuit, to determine the habitual residence of a baby: If a baby has lived somewhere her whole life, Kagan suggested, courts would normally presume the baby’s habitual residence to be the country in which she lived. [read post]
23 Feb 2022, 4:48 pm by Amy Howe
” But Brnovich’s answer prompted a different line of questioning, this time from Chief Justice John Roberts and Justice Elena Kagan. [read post]
22 Jan 2020, 11:06 am by Ronald Mann
” When Dvoretzky readily agreed with Alito’s characterization of his argument, Justice Elena Kagan chimed in: So you’re saying that when the United States entered into the Convention and when it then implemented the Convention through the FAA, Congress didn’t understand arbitration to mean voluntary arbitration? [read post]
17 Jan 2018, 1:59 pm by Mark Walsh
’ Justice Elena Kagan engages Clement at some length, challenging him on the repairman comparison. [read post]
24 Jun 2019, 1:42 pm by Mark Walsh
The chief justice announces that Justice Elena Kagan has the opinion in Iancu v. [read post]
28 Jun 2024, 9:37 am by Amy Howe
” Justice Elena Kagan dissented, in an opinion joined by Justices Sonia Sotomayor and Ketanji Brown Jackson. [read post]
11 Dec 2024, 9:04 am by Amy Howe
Justice Elena Kagan offered her own hypothetical – a scenario in someone believes he is getting one million dollars’ worth of gold bars but instead receives one million dollars’ worth of coal. [read post]
9 Jan 2023, 3:35 am by Marcia Coyle
During the arguments, the standing issue became a hill on which Justice Elena Kagan appeared ready to fight. [read post]