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10 Mar 2023, 3:30 am by Fred O. Smith, Jr.
“We are all originalists,” Justice Elena Kagan contended during her 2010 confirmation hearings. [read post]
2 Mar 2023, 8:25 am by Andrew Frisch
Writing for the court, Justice Elena Kagan stated that “[i]n demanding that an employee receive a fixed amount for a week no matter how many days he has worked, §602(a) embodies the standard meaning of the word ‘salary’” which generally refers to a “steady and predictable stream of pay. [read post]
2 Mar 2023, 4:31 am by SHG
EPA, Justice Elena Kagan complains that MQD has become “a get-out-of-text free card. [read post]
1 Mar 2023, 3:00 pm by Ronald Mann
Justice Samuel Alito characterized New York’s “argument [that New Jersey agreed] to surrender this sovereign authority perpetually” as “an extraordinary thing”; Justice Elena Kagan found it “a kind of weird thing,” and Justice Brett Kavanaugh called it “a big deal. [read post]
1 Mar 2023, 1:27 pm by Ilya Somin
EPA, Justice Elena Kagan complains that MQD has become "a get-out-of-text free card. [read post]
28 Feb 2023, 3:54 pm by Ronald Mann
The dissent, from Justice Amy Coney Barrett, with Justices Clarence Thomas, Sonia Sotomayor, and Elena Kagan, agreed with the government that the $10,000 penalty applies for each nonwillful failure to disclose an account (272 in this case, for a total fine of $2.72 million). [read post]
28 Feb 2023, 3:51 pm by Amy Howe
Justice Elena Kagan agreed that MOHELA might have a right to sue – but, she noted, it hasn’t done so. [read post]
28 Feb 2023, 10:00 am
” Justice Elena Kagan, a liberal, said that language plainly authorized the administration to act in light of the pandemic, adding that the court routinely considered “really confusing” statutes. [read post]
In a lighter moment during arguments, Justice Elena Kagan dryly noted that the Court was not composed of the “nine greatest experts on the Internet” and asked why they should not leave it to Congress to amend Section 230. [read post]
Google, Justice Elena Kagan took a moment to acknowledge the limitations of her institution’s ability to weigh complex technical questions about internet governance. [read post]
23 Feb 2023, 11:25 am by Charlotte Garden
After parsing detailed regulatory language, a six-justice majority sided with Hewitt; the opinion, authored by Justice Elena Kagan, ultimately turns on the intuitive conclusion that someone who earns a day-rate is not paid on a “salary basis. [read post]
23 Feb 2023, 9:19 am by Alexis Hoag-Fordjour
Justice Sonia Sotomayor authored the opinion, with Chief Justice John Roberts and Justices Elena Kagan, Brett Kavanaugh, and Ketanji Brown Jackson signing on. [read post]
23 Feb 2023, 9:01 am by Jen Patja Howell
” So said Justice Elena Kagan (more or less), as she and the other members of the Supreme Court heard arguments in Gonzalez v. [read post]
Writing for the majority, Justice Elena Kagan repudiated Helix Energy Solutions Group’s position, writing: The question here is whether a high-earning employee is compensated on a ‘salary basis’ when his paycheck is based solely on a daily rate—so that he receives a certain amount if he works one day in a week, twice as much for two days, three times as much for three, and so on. [read post]
22 Feb 2023, 1:23 pm by Amy Howe
(William Hennessy) Justice Elena Kagan appeared sympathetic to the family. [read post]
22 Feb 2023, 12:54 pm by Greg Mersol
The Supreme Court, in an opinion written by Justice Elena Kagan (joined by, among others, Justice Clarence Thomas and Justice Amy Coney Barrett), affirmed. [read post]
As Justice Elena Kagan described, the issue before the court Tuesday concerned figuring out “how this statute applies–the statute which was a pre-algorithm statute applies in a post-algorithm world. [read post]
21 Feb 2023, 4:00 pm by Gregory V. Mersol
The Supreme Court, in an opinion written by Justice Elena Kagan (joined by, among others, Justice Clarence Thomas and Justice Amy Coney Barrett), affirmed. [read post]
21 Feb 2023, 2:38 pm by Guest Author
He served with much competence as a law clerk for Supreme Court Justice Elena Kagan and for D.C. [read post]
21 Feb 2023, 1:31 pm by Amy Howe
” Justices Elena Kagan suggested that even if Section 230 is not well suited to address the current needs of today’s internet, such a task was best left to Congress, rather than the Supreme Court. [read post]