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16 Apr 2019, 8:55 am by Ronald Mann
” Justice Elena Kagan took another tack, challenging the idea that the justices should “throw out the statutory interpretation toolbox,” and suggesting instead that it is enough to be a “sensible statutory interpreter. [read post]
3 Oct 2018, 10:33 am by Mila Sohoni
Justice Elena Kagan pressed this line of argument most energetically, and Justice Sonia Sotomayor seemed to find it congenial, too, adding that reading the statute to supply a limiting principle would aid the court in avoiding a constitutional question. [read post]
17 Apr 2019, 6:55 pm by Leah Litman
” Justice Elena Kagan jumped in to ask “further questions about the language of the statute. [read post]
3 Dec 2014, 6:50 am by Brian Wolfman and Bradley Girard
Justices Elena Kagan and Sonia Sotomayor wondered whether the government was seeking an “end run” around the notice-and-comment process. [read post]
7 Nov 2023, 2:47 pm by Amy Howe
Other justices appeared skeptical of Wright’s position, which Justice Elena Kagan interpreted as requiring the government to show a historical regulation “essentially targeting the same kind of conduct as the regulation under review. [read post]
21 Mar 2017, 1:15 pm by Rory Little
Beyond that, Justice Elena Kagan’s opinion “le[ft] all other issues” for remand, over Justice Samuel Alito’s and Clarence Thomas’ dissents. [read post]
28 Jun 2019, 2:59 pm by Adam Feldman
Below this, Kavanaugh agreed equally often with Justices Stephen Breyer, Elena Kagan and Neil Gorsuch, at 70 percent apiece. [read post]
27 Jun 2018, 9:58 am by Lyle Denniston
In writing the main dissent, Justice Elena Kagan – who has been positioning herself on the Court closer to the center than any of her other liberal colleagues – deployed the accusatory word, “weaponizing. [read post]
18 Jan 2017, 11:32 am by Kevin Johnson
” Kneedler tried to distinguish Johnson, but Justices Ginsburg, Sonia Sotomayor and Elena Kagan did not seem convinced by the claimed distinctions. [read post]
20 Apr 2023, 6:23 am by Jacob T. Elberg
’” Justice Elena Kagan interjected during discussion of the hypothetical to clarify, “this case comes to us on the understanding that [the defendants] thought that this interpretation was wrong … they knew it was wrong. [read post]
26 Jan 2016, 9:01 pm by Michael C. Dorf
Goldstein and some of Justice Kagan’s colleagues pushed back. [read post]
18 Apr 2018, 2:06 pm by Danielle D'Onfro
He parried with Justices Elena Kagan, Sonia Sotomayor and Breyer through a baseball analogy, but he could not come up with a sentence that was plausibly about a player’s batting average, but was not a statement “respecting” a player’s batting average. [read post]
30 Dec 2022, 11:19 am by Jake S. Truscott and Adam Feldman
The court’s next most-talkative members — Justices Elena Kagan, Sonia Sotomayor, and Neil Gorsuch, in that order — each have spoken, on average, between 800 and 900 words per argument. [read post]
6 Dec 2018, 11:20 am by Amy Howe
Justice Elena Kagan also chimed in, emphasizing that Gamble is asking the court to write an opinion based on the Framers’ original understanding of the double jeopardy clause. [read post]
10 Mar 2024, 9:01 pm by Austin Sarat
Princeton historian Sean Wilentz says that in their “dissenting-concurrence,” Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson agreed with their colleagues that Trump should not be disqualified “while demolishing the majority’s main argument. [read post]
22 Apr 2015, 5:41 pm by Mark Walsh
A short time later, Justices Sotomayor and Elena Kagan both try to ask a question at the same time. [read post]
16 Apr 2013, 10:21 am by Amy Howe
  Justice Elena Kagan’s vote was less certain, but she also seemed to at least be leaning that way:  she pressed both Blatt and Deputy Solicitor General Ed Kneedler, representing the federal government as an amicus, to explain why, if Father is a “parent” for purposes of ICWA, he wouldn’t also be able to rely on the protections of Sections 1912(d) and (f). [read post]
28 Sep 2010, 7:26 am by Lyle Denniston
The Court granted review in 14 cases overall, noting in the process that the new Justice, Elena Kagan, is recused from four of them — presumably, because of her former role as U.S. [read post]