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13 Jun 2024, 3:35 pm by Ronald Mann
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]
10 Jan 2022, 3:35 pm by Anna E. Bullock
Justice Elena Kagan began with questions emphasizing vaccine efficacy and focusing on a near million fatalities attributed to COVID-19. [read post]
2 Oct 2019, 6:54 am by Stephen Wermiel
Justice Elena Kagan wrote for the dissent that the majority framed all its arguments expressly to justify overruling Williamson. [read post]
27 Feb 2017, 5:10 pm by Kevin Johnson
Justice Elena Kagan quickly began querying Fisher on his methodology for interpreting the statute. [read post]
29 Sep 2010, 6:04 am by David G. Badertscher
The list also indicated that Justice Elena Kagan has decided to recuse in four of the new cases, which makes for a total of 25 cases out of the 54 the Court has granted review so far in which Kagan will not participate.Texas Law Professor Encounters Campus GunmanTexas LawyerTuesday was not a typical morning for Randall B. [read post]
12 Feb 2015, 1:38 pm by Jarod Bona
It was a sharply split decision that included an expertly written dissent by Justice Elena Kagan, who in my view is coming close to equaling Justice Antonin Scalia as the Supreme Court’s top writer. [read post]
28 Apr 2022, 5:45 am by Matthew L.M. Fletcher
On the second, narrower historical context primarily advanced by Castro-Huerta, Justices Elena Kagan and Sonia Sotomayor focused on the history of the GCA itself. [read post]
16 Nov 2017, 5:06 am by SHG
Elena Kagan: 3 years practice. [read post]
26 Nov 2018, 12:51 pm by Amy Howe
Francisco (Art Lien) Justice Elena Kagan also chimed in, framing the question before the court as whether Illinois Brick was, at its core, about a vertical supply chain or about the idea that plaintiffs can’t recover damages for costs that are passed on to them. [read post]
24 Jun 2019, 4:29 pm by Joel Goldstein
Chief Justice John Roberts and Justices Elena Kagan and Kavanaugh joined both majority opinions, which seem to assign different weight to the “special solicitude” doctrine. [read post]
19 May 2023, 12:01 pm by Ronald Mann
Only Justice Elena Kagan, joined by Chief Justice John Roberts, dissented. [read post]
11 Jan 2023, 9:08 am by Sharon Block
Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson pressed both the company and union lawyers on whether and how to draw a line between conduct that damages an employer’s goods and that which damages the employer’s equipment and premises. [read post]
9 Jan 2019, 10:10 am by Danielle D'Onfro
” Justice Elena Kagan had several questions about Geyser’s framework as well. [read post]
9 Oct 2018, 1:23 pm by Mark Walsh
When the court takes the bench, Kavanaugh is at his place on the far right (looking at the bench from the audience), next to Justice Elena Kagan. [read post]
10 Oct 2017, 5:03 pm by Howard M. Wasserman
Justice Elena Kagan and Alito wondered whether that must be true and why. [read post]
15 Dec 2020, 12:21 pm by Amy Howe
Justice Elena Kagan dissented from Tuesday’s order, penning a brief opinion – joined by Justices Stephen Breyer and Sonia Sotomayor – in which she argued that the case was moot because Colorado has already lifted the limits at issue. [read post]
29 Mar 2017, 4:48 am by Ronald Mann
Jay (Art Lien) Similarly, Justices Ginsburg and Elena Kagan both noted that the American Law Institute proposal (on which the modern version of Section 1391 was based) recommended that Congress repeal Section 1400; Congress’ failure to do that seems to suggest an intention to leave Fourco in place. [read post]
27 Jun 2022, 9:01 pm by Leslie C. Griffin
In Carson, Chief Justice John Roberts concluded that the government must fund religious schools, even those that do not obey the antidiscrimination laws and are dedicated to teaching only their own religion.Only the three dissenters, Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan, insisted that the government is not supposed to promote, practice, endorse, or coerce religion.What does the Establishment Clause now hold? [read post]
10 Jul 2018, 6:00 am by DONALD SCARINCI
” Dissent in Trump v Hawaii Justices Stephen Breyer, Elena Kagan, Sonia Sotomayor and Ruth Bader Ginsburg dissented. [read post]
21 Jun 2019, 12:19 pm by Travis Weber
The only justice who provided even a tepid defense of Lemon was Justice Elena Kagan, who drafted a concurrence explaining why she refused to join that portion of Alito’s opinion that casts serious doubt on Lemon. [read post]