Search for: "Elena Kagan"
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25 Nov 2020, 11:18 pm
Chief Justice John Roberts, along with Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan, dissented. [read post]
11 Oct 2013, 12:24 pm
Misrepresentations about the investments were only one of a host of misrepresentations, reasoned the appeals court, which also observed that, because the CDs promised a fixed rate of return, they were not tied to the success of any of the bank’s purported investments in covered securities within the meaning of SLUSA.Justice Elena Kagan noted that somebody, not necessarily the victim of the fraud, but somebody has to have had some transaction in the market. [read post]
27 Mar 2025, 8:24 am
Justice Elena Kagan echoed Harris’s insistence that “there are some real standards in this program. [read post]
24 Mar 2025, 11:15 am
Justice Elena Kagan was equally dubious, asking whether she and her colleagues were “really in a position to address” whether the Robinson ruling was correct. [read post]
27 May 2018, 2:35 pm
In her plurality opinion, Justice Elena Kagan notes that "deportation is a particularly severe penalty, which may be of greater concern to a convicted alien than any potential jail sentence" (citations omitted). [read post]
25 Apr 2018, 9:05 am
Obviously, if the campaign statements of Kagan's hypothetical anti-Semitic president can legitimately be considered by courts, the same goes for Trump's anti-Muslim statements. [read post]
6 Feb 2019, 12:53 pm
Justice Elena Kagan’s concurring opinion (joined by Justices Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor) offered a theory grounded in the First Amendment right of expressive association. [read post]
4 Mar 2011, 10:38 am
With the exception of Elena Kagan, each of the Solicitors General who served after 1996 now heads a litigation practice primarily focused on the Supreme Court. [read post]
6 Mar 2024, 7:16 am
And then there was a concurring opinion jointly authored by justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson concurring in the judgment only, but they too agreed with the heart of the reasoning of the majority.I’ll focus on the consensus view of the court for a moment. [read post]
6 Mar 2024, 7:16 am
And then there was a concurring opinion jointly authored by justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson concurring in the judgment only, but they too agreed with the heart of the reasoning of the majority.I’ll focus on the consensus view of the court for a moment. [read post]
24 Apr 2024, 12:45 pm
Justice Elena Kagan echoed Jackson’s concerns, asking Turner about a scenario in which a pregnant woman arrives at the emergency room with a serious health condition that will not lead to her death, but – without an abortion – will result in her being unable to have more children. [read post]
25 Apr 2018, 11:34 am
But Justice Elena Kagan posed a hypothetical, asking Francisco to consider a scenario with an “out of the box president” (a characterization that drew laughs from the audience) who was a “vehement anti-Semite” before taking office. [read post]
5 Nov 2014, 7:28 pm
And Justice Elena Kagan appeared unpersuaded by Badalamenti’s contention that Congress’s use of the verb “make a false entry in” before the phrase “record, document, or tangible object” supported his position because you can only “make a false entry in” something intended to preserve information; you can’t make a false entry in a fish. [read post]
20 Jan 2023, 10:47 am
Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson highlighted the strangeness of this language. [read post]
8 Dec 2021, 1:42 pm
” Justice Elena Kagan made a similar point. [read post]
8 Feb 2024, 2:41 pm
“Then I must be right,” Justice Elena Kagan, who had asked Mitchell about the tension between two perspectives on Congress’s powers, says to laughter. [read post]
5 Dec 2017, 9:18 am
Justice Elena Kagan led the charge, asking Waggoner whether a hairstylist or a make-up artist could cite his religious beliefs as the basis to refuse to provide services for a same-sex wedding. [read post]
7 Oct 2019, 5:50 pm
Justice Elena Kagan pushed back against Fisher’s argument that the court could overrule Apodaca because the trend toward incorporating the Bill of Rights leaves the decision as “an abandoned relic of past jurisprudence. [read post]
15 Jan 2019, 9:11 am
Justice Elena Kagan similarly offered “a discretionary function light,” under which the TVA would be denied immunity for its “commercial functions,” for which it would be “treated just like any other corporate entity. [read post]
25 Feb 2020, 3:47 pm
But Kagan was clearly not buying it. [read post]
