Search for: "Elena Kagan"
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9 Nov 2021, 1:46 pm
Unlike Kavanaugh, Justices Stephen Breyer and Elena Kagan appeared to be persuaded by Kretzer’s argument that Texas had allowed spiritual advisers in prior executions to touch the inmate and audibly pray. [read post]
Argument analysis: Spinning heads and swimming constitutional rights in debates over an accrual rule
18 Apr 2019, 8:11 am
Justices Ruth Bader Ginsburg and Elena Kagan questioned whether Smith would enjoy absolute prosecutorial immunity for this claim, as he enjoyed absolute immunity from the malicious prosecution claim. [read post]
18 Apr 2017, 10:26 am
The parties, Kagan wrote, agreed with each of those principles (if not always with the same levels of enthusiasm). [read post]
7 Dec 2017, 1:34 pm
Justice Elena Kagan introduced Ewald after recounting how he was recommended to her by Elizabeth Warren, then a law professor at the University of Pennsylvania. [read post]
6 Oct 2021, 12:05 pm
Justices Sonia Sotomayor and Elena Kagan seemed sympathetic to Davenport’s view. [read post]
2 Oct 2017, 11:50 am
Justice Elena Kagan was skeptical that the protection provided by the NLRA was as limited as Clement described. [read post]
17 Nov 2011, 7:58 am
” However, Dahlia Lithwick of Slate counters that “calls for Elena Kagan to recuse herself from the Obamacare case are ridiculous. [read post]
2 Nov 2016, 11:27 am
Stetson for petitioners (Art Lien) Justice Elena Kagan questioned this interpretation. [read post]
13 May 2010, 8:07 am
I don't think the American public necessarily needs to know whether Elena Kagan or any other nominee believes that abortion is right or wrong, just or unjust; nor do we need to know whether she believes that this or that sexual practice or form of sexual partnership is morally good or bad; nor do we need to know what her religious convictions are. [read post]
Argument analysis: Justices spar with counsel over excluding securities litigation from state courts
2 Dec 2015, 5:25 am
” The most favorable reading that Merrill Lynch got on the language probably was the wholly ambivalent view of Justice Elena Kagan, who commented to Jonathan Hacker (arguing for Merrill Lynch) that, “just looking at the language, I understand your interpretation of it, but it seems to me that there’s just as good an interpretation which says the opposite. [read post]
23 Mar 2016, 2:35 pm
Breyer, Sonia Sotomayor, and Elena Kagan—on many of the complex issues raised in the case. [read post]
18 Apr 2017, 9:51 am
Justice Elena Kagan followed by suggesting that there should be a difference between an intervenor asserting a claim for relief and one contributing to how the court thinks about the case as framed by the parties. [read post]
10 Nov 2021, 3:42 pm
Shanmugam’s response to Roberts led Justice Elena Kagan to frame the dilemma before the court. [read post]
27 Jun 2011, 4:02 pm
Justice Elena Kagan, writing for the dissenters, argued that so-called “lump-sum” subsidy payments — simply passing out a set amount of money, up to a ceiling, to a candidate — simply have not worked. [read post]
15 Jan 2019, 8:09 am
On the textual question, Justice Elena Kagan was particularly unreceptive to the argument of Paul Clement, representing Oracle and thus seeking to defend the broad award of costs. [read post]
26 Feb 2025, 11:59 am
Justice Elena Kagan resisted Gaiser’s efforts to turn the justices’ attention to that issue. [read post]
29 Jun 2013, 7:25 am
Justice Elena Kagan issued the fe [read post]
29 Jul 2024, 7:51 pm
In short, Roberts-Kavanaugh-Barrett had to keep Kagan and Sotomayor on board. [read post]
10 Aug 2018, 8:29 am
On bringing cameras into the courtroom, Kagan echoed the chief justice’s remarks at the 4th Circuit ju [read post]
5 Sep 2018, 12:48 pm
This post crunches data from the transcripts of the past four confirmation hearings — those for Justices Neil Gorsuch, Elena Kagan, Sonia Sotomayor and Samuel Alito– to see how senators’ speaking patterns and interactions with Supreme Court nominees shape the process. [read post]
