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1 Dec 2021, 10:04 am by Amy Howe
The court’s three liberal justices – Stephen Breyer, Sonia Sotomayor, and Elena Kagan – emphasized the importance of stare decisis, the principle that courts should adhere to prior precedent except under limited and extraordinary conditions. [read post]
19 Oct 2020, 7:05 am by Kate Evans
Turning to the other federal statute at issue, Breyer, Sotomayor and Justice Elena Kagan emphasized the historical interpretation of the statutory term “conviction. [read post]
21 Jun 2019, 5:59 am by Ira Lupu and Robert Tuttle
Chief Justice John Roberts and Justices Stephen Breyer, Elena Kagan and Brett Kavanaugh joined the parts of that opinion that focused on the facts and circumstances surrounding the Bladensburg Cross. [read post]
26 Mar 2024, 12:12 pm by Amy Howe
Justice Elena Kagan told Erin Hawley, who argued on behalf of the challengers, that her theory of standing sounded “very probabilistic. [read post]
But Rice had a hard time explaining his position to Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson, who saw the medical treatments themselves as turning on one’s sex. [read post]
30 Nov 2010, 10:28 am by Lyle Denniston
Breyer, Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor. [read post]
11 Nov 2014, 10:02 am by Ronald Mann
So, for example, Justice Elena Kagan quickly jumped in to ask Allyson Ho (arguing for the employers M&G Polymers and related health funds) whether she agrees that the Court should apply “ordinary contract principles. [read post]
4 Oct 2017, 9:44 am by Kevin Johnson
” Justice Elena Kagan seemed to agree that the detention statute should be read to permit a hearing and possible release. [read post]
23 Mar 2017, 8:24 am by Rory Little
” Noting that homeowners have a “Second Amendment right … to possess firearms to protect themselves,” Sotomayor and (and later Justices Elena Kagan and Stephen Breyer) seemed to suggest that deputies should reasonably foresee a violent confrontation if they enter unlawfully. [read post]
19 May 2020, 10:11 am by Adam Feldman
Although the amounts of speech are not equal (compare the lines for Alito and Justice Elena Kagan, for example), each justice was given an uninterrupted turn with the petitioner’s attorney, Erica Ross. [read post]
22 Apr 2025, 2:45 pm by Amy Howe
Justice Elena Kagan first pressed Baxter to explain his rule. [read post]
22 May 2025, 11:27 pm by Josh Blackman
Justice Elena Kagan, in a vigorous dissent joined by Justices Sonia Sotomayor and Ketanji Brown Jackson, accused the majority of abdicating its "duty to fully check an unconstitutional act" and weakening the judiciary's ability to remedy widespread constitutional violations. [read post]
21 Feb 2012, 7:59 am by Lyle Denniston
Alito, Jr., Elena Kagan, and Sonia Sotomayor. [read post]
23 Sep 2016, 7:49 am by Victoria Kwan
On August 10, Justice Elena Kagan participated in a dinner conversation at the Harvard Club of Washington, D.C. [read post]
1 Dec 2014, 3:57 pm by Amy Howe
Justice Elena Kagan focused most of her energies at the oral argument on an effort to arrive at some sort of middle ground. [read post]