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18 Apr 2017, 9:01 am
” On the other side of the matter, Chief Justice John Roberts and Justice Elena Kagan seemed to think that significant practical considerations supported a rule that would treat the class-action complaint as adequate to protect the claims of specific investors. [read post]
21 Apr 2016, 10:53 am
” Indeed, Justice Elena Kagan found the case for Chevron deference overwhelming: “I mean, it’s kind of the case for Chevron deference and notice-and-comment rulemaking. [read post]
10 Jan 2017, 7:16 am
” Several justices, including Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan, pressed Miller on the differences between tribes and other sovereigns, such as states and the federal government. [read post]
7 Mar 2019, 1:00 am
Justice Elena Kagan authored the majority opinion. [read post]
27 Apr 2020, 7:52 am
Although several of them, including Justices Sonia Sotomayor and Elena Kagan, appeared receptive during their confirmation hearings to the idea of cameras in the courtroom, their enthusiasm waned after they took the bench. [read post]
29 Nov 2016, 10:59 am
And in addition to the 1992 medical standards, Justice Elena Kagan added, the 2004 opinion also includes seven “evidentiary factors” for courts to consider in determining intellectual disability that are not consistent with either the older medical standards or the current ones. [read post]
28 Mar 2011, 10:05 am
” Despite efforts by some other Justices — especially, Justice Elena Kagan — to make the point that a subsidy to one candidate does not actually force a self-financed candidate to do anything, it was more than evident on Monday that the Arizona system — which the Court did block in a temporary order, stopping the subsidies during last year’s campaign — was in deep constitutional jeopardy. [read post]
4 Apr 2011, 7:36 am
The theory was that the new Justice, Elena Kagan, would not take part in any of the Guantanamo cases, because of her prior service as U.S. [read post]
6 Oct 2021, 7:43 am
Justices Elena Kagan and Sonia Sotomayor pressed Coghlan hard to clarify the distinction between the extraterritorial effects from pumping groundwater and extraterritorial effects in surface water cases, with Kagan noting that upstream states create downstream effects by removing lots of water from the river, while Sotomayor asked about an upstream state that dammed a river. [read post]
29 Jun 2024, 12:49 pm
The Pulsifer decision—a decision that saw Justice Elena Kagan join the extreme right-wing group of the Court’s justices to hand down the 6-3 majority ruling, and Justice Neil Gorsuch abandoning the right-wing justices to join the remaining two liberal justices (Sotomayor and Brown) in dissent—missed an opportunity to bring even more equitable sentencing under § 3553(f)(1). [read post]
27 Jun 2019, 10:17 am
Benisek (Art Lien) Justice Elena Kagan dissented, in an opinion that was joined by Justices Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor. [read post]
5 Dec 2023, 1:04 pm
Why, Kagan asked somewhat rhetorically, is this any different? [read post]
10 Oct 2023, 4:30 pm
Justice Elena Kagan was the leading critic of his presentation, which apparently touched a nerve when he suggested that the owner’s argument rested on “more idiosyncratic … claims” available under Pennsylvania law. [read post]
13 Jan 2014, 12:54 pm
Justice Elena Kagan suggested that the clause was in fact a “historic relic,” as recess appointments are now primarily deployed to deal with “congressional intransigence,” rather than emergencies. [read post]
22 Feb 2017, 8:43 am
Finally, in response to questions from Chief Justice John Roberts and Justice Elena Kagan, Kovner was able to articulate her argument for why the court should affirm the 9th Circuit: The district court had applied the relevance test as though it were a “necessity” test, and that legal error was by definition an abuse of discretion. [read post]
7 Dec 2016, 5:36 pm
Repeated questions from Justices Sonia Sotomayor, Elena Kagan, Stephen Breyer, Anthony Kennedy and Ruth Bader Ginsburg, as well as Chief Justice John Roberts, regarding the scope and implications of a reversal in this case suggested that the court, although rejecting priority-deviating structured dismissals, will tread carefully in framing its opinion to avoid a categorical prohibition on all pre-plan deviations in priority. [read post]
3 Nov 2022, 4:08 pm
The first thing you’d think about the argument (once you got past the protesters) is that somebody challenging government overreach will have a really hard time finding five votes if Justices Elena Kagan and Sonia Sotomayor are unpersuaded. [read post]
12 Dec 2019, 2:27 pm
Justice Elena Kagan chimed in, asking Katyal why the Supreme Court’s precedents requiring a jury trial would apply. [read post]
8 Dec 2014, 12:52 pm
” But the members of the Court who seemed most sympathetic to Amtrak — Justices Breyer, Ruth Bader Ginsburg, and Elena Kagan — tried to play down the role that it had been assigned by Congress. [read post]
8 Oct 2014, 1:31 pm
That was Justice Elena Kagan’s offering — she said it came from real life but did not otherwise cite her source — as the Court on Wednesday heard the overtime-pay case of Integrity Staffing Solutions v. [read post]
