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30 Jun 2022, 9:57 am
” Justice Elena Kagan dissented, in an opinion joined by Justices Stephen Breyer and Sonia Sotomayor. [read post]
4 Mar 2024, 9:09 am
But four justices – Justice Amy Coney Barrett in a separate opinion and Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson in a joint opinion – argued that their colleagues should have stopped there and not decided anything more. [read post]
12 Dec 2015, 9:31 am
On November 16, Justice Elena Kagan presided over the final round of the Ames Moot Court Competition at Harvard Law School. [read post]
18 Mar 2024, 2:07 pm
Justice Elena Kagan was one of the strongest proponents of this idea. [read post]
3 Nov 2011, 3:45 am
But Justice Kagan said the problems with such evidence may not be unique. [read post]
4 Oct 2016, 10:47 am
” Chief Justice John Roberts and Justice Elena Kagan both suggested (and Bell agreed) that the instruction’s use of the word “or” meant that the jury could have convicted Shaw based solely on a finding that he had intended to deceive or cheat the bank, without requiring that anything of value be taken. [read post]
26 Feb 2019, 9:43 am
” Justice Elena Kagan piled on, asking, “If this isn’t a clear-cut violation” of the Supreme Court’s cases holding that a jury, rather than a judge, must find the facts that increase the penalty for a crime, “then what is? [read post]
24 Jun 2011, 3:47 pm
Justice Stephen Breyer filed a dissenting opinion, which was joined by Justices Ruth Bader Ginsburg and Elena Kagan. [read post]
21 Feb 2018, 8:43 am
However, at least six justices – Roberts and Justices Ruth Bader Ginsburg, Elena Kagan, Alito, Breyer and Sotomayor — also expressed strong misgivings about the merits of the “use” question, exploring various doctrinal problems that a ruling, for either the city or Vogt, might raise. [read post]
1 Apr 2011, 6:54 am
Justice Elena Kagan quickly noted the potential inconsistency in Crawford’s own argument: “[s]ometimes you say ‘likely’; sometimes you say ‘plausible’; Which … is your standard? [read post]
9 May 2012, 1:12 pm
It may have been significant, when the Justices refused last year to review the Al-Adahi decision, that Justice Elena Kagan did not take part in the order. [read post]
21 Oct 2019, 11:00 am
On the other end of the spectrum, Justice Elena Kagan waited almost 76 seconds on average to ask her first question when she was the first questioner, and Justice Samuel Alito averaged over 92 seconds before he jumped in first. [read post]
11 Nov 2014, 11:10 am
Justices Ruth Bader Ginsburg and Elena Kagan pointed out weaknesses in Fisher’s textual argument, pointing out that the word “decision” itself does not necessarily imply reason-giving, but Fisher responded that his position was necessary to facilitate the Act’s provision for expedited judicial review. [read post]
12 Apr 2010, 9:58 am
Most media outlets agreed that Solicitor General Elena Kagan, Judge Diane Wood of the Seventh Circuit, and Judge Merrick Garland of the D.C. [read post]
Chief Justice John Roberts and the “Privilege” of Seeing the World from Behind Fences and Barricades
25 May 2023, 9:01 pm
”As Justice Elena Kagan said in introducing Roberts, that tradition valorizes the “judicial craftsman,” the “lawyer’s mind,” and the ability to “make sense of legal materials. [read post]
25 Apr 2019, 9:05 pm
” Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan each filed dissenting opinions. [read post]
25 Nov 2020, 11:18 pm
Chief Justice John Roberts, along with Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan, dissented. [read post]
10 Nov 2015, 10:48 am
With Justices Anthony Kennedy and Elena Kagan leading the way, the Court appeared to be turning away from any ruling on how courts should try class claims under Federal Rule of Civil Procedure 23. [read post]
20 Apr 2017, 6:27 am
Justices Elena Kagan and Samuel Alito repeatedly staked out opposite positions, while Chief Justice John Roberts and Justices Anthony Kennedy and Stephen Breyer appeared to be still searching for answers. [read post]
13 Jun 2024, 3:35 pm
Writing in that part of his opinion for six justices (all but Justices Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson), Thomas explained that the restriction is viewpoint-neutral but not content-neutral. [read post]
