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12 Nov 2019, 4:58 pm
Although Roberts was troubled by the possible foreign-affairs implications of a ruling for the family, Justice Elena Kagan pressed Wall to explain the government’s concerns – especially, she noted, when the government of Mexico would prefer that the family be able to rely on Bivens. [read post]
27 Jun 2022, 8:57 am
” In a not-even-partially-veiled swipe at the court’s recent and unrelenting willingness to hobble constitutional rights by gutting their available remedies, Kagan lamented the decision. [read post]
20 Jan 2016, 4:08 am
Goldstein’s questions came primarily from Ginsburg and Justice Elena Kagan. [read post]
6 Oct 2015, 6:21 am
” Justices Anthony Kennedy and Elena Kagan were concerned about another problem, emphasized by Judge Richard Posner in a lower-court opinion on the topic: if “applicant” is extended to include “guarantor,” then the logical consequence would be that the guarantors have the right to invalidate the entire loan, not just their guaranties – a considerable windfall for the borrower. [read post]
11 Oct 2018, 1:01 pm
Taking a somewhat different tack, Justices Elena Kagan and Neil Gorsuch spent a considerable portion of Dvoretsky’s time debating the problem as a matter of basic tort theory. [read post]
26 Mar 2019, 11:06 am
Justice Elena Kagan asked Waxman how the unseaworthiness action could have grown so dramatically after the Jones Act was adopted in 1920 if the latter was “a signal to courts” to stop fashioning general maritime personal-injury law. [read post]
8 Jun 2020, 12:12 pm
” In a short and all-but unanimous decision by Justice Elena Kagan, peppered with baseball references, the court answered yes. [read post]
15 Jan 2014, 5:04 pm
Questions from Justices Sonia Sotomayor, Elena Kagan, and Stephen Breyer all followed. [read post]
8 Jul 2019, 9:03 pm
Justice Elena Kagan wrote for four justices that Auer plays a critical role in the modern administrative state, and Justice Neil M. [read post]
11 Jun 2018, 12:57 pm
The chief announces that Justice Elena Kagan has the opinion of the court in Sveen v. [read post]
22 Apr 2023, 3:32 am
First, Alito called out three colleagues by referring to past objections from Justices Elena Kagan, Sonia Sotomayor, and Amy Coney Barrett in the use of the shadow docket. [read post]
2 Nov 2023, 9:57 am
” Another route to validation of the statute came from Justice Elena Kagan. [read post]
7 Oct 2015, 9:21 am
Justice Elena Kagan indicated early on that, in her view, the fact that the property at issue came not “from another” but from one of the co-conspirators himself, makes no difference: “The conspiracy offense is made out if two people agree that somebody should obtain property from another. [read post]
5 Oct 2016, 2:03 pm
Justice Elena Kagan suggested that Salman’s focus on whether the insider receives a pecuniary gain from passing on the information would require the justices “to ignore some extremely specific language in” Dirks v. [read post]
1 Jul 2018, 5:34 am
On the final day of the Supreme Court term last week, Justice Elena Kagan sounded an alarm. [read post]
11 Jan 2017, 7:49 am
Justice Elena Kagan, for example, commented to Wu that “you’ve walked away from some of that enforcement history in your briefing,” explaining that the position he pressed at the argument “is contradicting some of this enforcement history where a different understanding of this law was used. [read post]
10 Jan 2023, 1:56 pm
” And Justice Sonia Sotomayor invoked what she called Justice Elena Kagan’s “venerable rule” (though she was actually quoting Kagan from the first case argued on Monday): “If it ain’t broke, don’t fix it. [read post]
13 Jan 2009, 9:00 pm
- Reaching to Harvard's deanship, Obama has named Elena Kagan to be Solicitor General. [read post]
27 Jun 2024, 11:26 am
Five justices – Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan, Brett Kavanaugh, and Amy Coney Barrett – agreed with the decision to dismiss the case, which will now return to the lower courts. [read post]
18 May 2017, 7:15 am
” Ginsburg said she wrote similar notes to Justices Sonia Sotomayor and Elena Kagan when they announced their first decisions. [read post]
