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Justices Amy Coney Barrett, Neil Gorsuch and Elena Kagan pushed back on the non-Native adoptive parents’ argument that the matter is a state issue, as opposed to federal. [read post]
4 Nov 2022, 1:27 pm by Guest Author
At a minimum, however, the line item veto’s effectiveness should matter in assessing its impact on democratic government. [read post]
4 Nov 2022, 4:00 am by Amy Salyzyn
For example: “The testimony and the documentary evidence disclosed a certain Monty-Pythonesque flavour to have permeated the entire matter….Like the obdurate owner of the pet shop in the Monty Python skit, they simply refused to accept the parrot was not napping or meditating but was, in reality, extremely dead” (L’Hirondelle-Wilson v. [read post]
2 Nov 2022, 3:42 pm by Alexis Hoag-Fordjour
At another point, Kagan quipped that “Kafka would have loved” Arizona’s treatment of Cruz’s federal claim, which the state has batted down no matter how and when he raised it. [read post]
1 Nov 2022, 2:10 pm by Josh Blackman
When there is that kind of gross disparity in representation, it can matter and it's common sense. [read post]
31 Oct 2022, 9:02 pm by Susan Rose-Ackerman
Justice Elena Kagan’s dissent also rested on statutory interpretation, precedent, and appeals to science, not APA procedures. [read post]
31 Oct 2022, 3:27 pm by JURIST Staff
” Justice Elena Kagan asked about “a precipitous decline in minority admissions” that might occur if the Court invalidates affirmative action. [read post]
27 Oct 2022, 4:53 am by Emma Snell
Signup to receive the Early Edition in your inbox here. [read post]
24 Oct 2022, 4:00 am by Michael C. Dorf
But if that second Justice follows the law, he (let's be realistic, they're not going to Sotomayor, Kagan, or Jackson) should also swiftly deny the petition.So the case as presented to SCOTUS was a loser. [read post]
23 Oct 2022, 6:30 am by Guest Blogger
O’Connor, who joined Bowers, concurred in Lawrence on narrow equal protection grounds and only the liberal Justices--Ginsburg, Breyer, Sotomayor, Kagan--joined the Obergefellmajority). [read post]
18 Oct 2022, 7:29 pm by Guest Author
But, as a doctrinal matter, there really isn’t anything else. [read post]
14 Oct 2022, 2:28 pm by Charlotte Garden
According to Helix, that should have been the end of the matter, because 604 does not apply to employees in Hewitt’s position. [read post]
12 Oct 2022, 4:32 pm by Mark Walsh
“Let’s say that I’m both a Prince fan, which I was in the ’80s …” Thomas says, before Justice Elena Kagan interrupts him. [read post]
11 Oct 2022, 9:37 am by jonathanturley
In many cases, it was obvious that the past legal views of nominees like Elena Kagan or Amy Coney Barrett would push them to different sides on issues like abortion. [read post]
11 Oct 2022, 9:22 am by David Kopel
Castro-Huerta, which was joined by Justices Breyer, Sotomayor, and Kagan. 142 S.Ct. 2486, 2506-07 (2022). [read post]
9 Oct 2022, 9:04 pm by Eric W. Orts
Since then, long-standing questions have persisted about whose lives matter and who counts as citizens. [read post]
6 Oct 2022, 4:00 am by Michael C. Dorf
Maybe she was endorsing it only with respect to novel questions, so that settled matters like the unconstitutionality of racial segregation and most sex discrimination would be left undisturbed in virtue of stare decisis. [read post]