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28 Jun 2024, 7:28 pm
In a dissenting opinion, Justice Amy Coney Barrett, joined by Justices Elena Kagan and Sonia Sotomayor, argued that the majority improperly interpreted the law, stating “By textually narrowing [subsection 1512(c)(2)], the Court has failed to respect the prerogatives of the political branches,” explaining that once Congress establishes the outer limits of liability, the Executive Branch can choose which cases to prosecute within those boundaries. [read post]
27 Apr 2012, 8:00 am
Where else could a group of journalists who cover the Court huddle to handicap Wednesday's arguments in the Arizona immigration case, while Solicitor General Donand Verrilli Jr. is chatting a few feet away, his adversary in the case Paul Clement is schmoozing a few feet beyond that, and oh yes, Justice Elena Kagan, who was recused, is holding court somewhere in between? [read post]
21 Jan 2014, 1:47 pm
With some exasperation, Justice Elena Kagan said: “All crime is a threat to public safety, and yet we have these standards. [read post]
23 Aug 2024, 5:10 pm
According to the Supreme Court’s order, Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett and Ketanji Brown Jackson would have blocked the citizenship requirement. [read post]
7 Nov 2023, 9:04 am
This started as a Trump issue, David reminds us, but it has lost its predictable partisan valence, so now it's just a surprisingly hard constitutional controversy that, as Justice Elena Kagan almost said, left the Supreme Court building littered with first amendment rights. [read post]
30 Jun 2020, 11:49 am
” Justice Ruth Bader Ginsburg wrote the opinion, joined by Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Sonia Sotomayor, Elena Kagan, Neil Gorsuch and Brett Kavanaugh. [read post]
16 Jun 2010, 10:03 am
However, given law school students propensity for alcohol, I have a feeling that icing will soon sweep across the law schools of the United States faster than news of Elena Kagan’s confirmation. [read post]
30 Mar 2011, 10:05 am
During Wal-Mart’s presentation, Justices Ruth Ginsburg, Sonia Sotomayor, and Elena Kagan seemed somewhat sympathetic to the employees’ case. [read post]
30 Jun 2022, 10:05 am
’ Justices Elena Kagan, Sonia Sotomayor, and Stephen Breyer dissented, saying, “[t]he majority claims it is just following precedent, but that is not so. [read post]
5 Oct 2018, 4:08 am
At Bloomberg Law, Kimberly Robinson reports that “Justice Elena Kagan appears to be the deciding vote in whether to overturn a more than 30-year-old decision that opponents say closes the federal courthouse to many citizens whose private property is taken by government for federal use. [read post]
21 May 2010, 7:19 am
Unfortunately, only Stevens shared this view and he looks to be replaced by Elena Kagan, who argued that civil commitment in Comstock was an extension of Congress’ power to create and run a prison system (not an enumerated power). [read post]
26 Nov 2018, 10:02 am
Justices Samuel Alito and Neil Gorsuch questioned the 1977 Illinois Brick ruling, while Justice Elena Kagan said she thought the act of buying an app was a “one-step transaction with Apple. [read post]
2 Apr 2019, 1:16 pm
The reasoning failed to satisfy the liberal justices, led by Justice Elena Kagan. [read post]
25 Jan 2022, 5:14 am
(Justice Antonin Scalia died that year and Justice Elena Kagan did not participate because of her previous involvement as U.S. solicitor general). [read post]
24 Jan 2011, 1:40 pm
Katyal, the Deputy SG, who has been heading the SG’s office on an acting basis since Obama’s first SG – Elena Kagan – was named to the Supreme Court. [read post]
2 Apr 2019, 1:16 pm
The reasoning failed to satisfy the liberal justices, led by Justice Elena Kagan. [read post]
11 Apr 2010, 1:02 pm
Serrano have an article headlined "Three Supreme Court contenders share ties; Merrick Garland, Diane Wood and Elena Kagan all have connections to Chicago, and all rose through the ranks during the Clinton years; They would face varying degrees of criticism if nominated. [read post]
25 Jun 2013, 6:06 am
Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan, dissenting in an opinion written by Justice Ruth Bader Ginsburg, criticized the use of a different standard for retaliation and discrimination claims: “The court shows little regard for the trial judges who will be obliged to charge discrete causation standards when a claim of discrimination ‘because of,’ e.g., race is coupled with a claim of discrimination ‘because’… [read post]
3 Jun 2022, 1:42 am
Conservative Republican-appointed justices currently hold a 6-3 majority, with Jackson joining liberal-leaning Justices Sonia Sotomayor and Elena Kagan in the minority. [read post]
15 Sep 2017, 2:30 am
Five Solicitors General eventually joined the Supreme Court, with Elena Kagan as the most-recent example. [read post]
