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10 Nov 2020, 7:52 pm
In her back-and-forth with Yang, Justice Elena Kagan responded to this argument with an incisive line of questioning. [read post]
20 Apr 2016, 6:55 pm
Justice Elena Kagan then boarded the breath-test bandwagon. [read post]
28 Nov 2017, 6:02 pm
” When Katyal tried to discuss the purpose of the statute as opposed to the text, Justice Elena Kagan resisted: “Could we … just talk about the text before we speak about the purpose? [read post]
22 Jun 2017, 4:38 pm
Justice Clarence Thomas filed a short concurring opinion, Justice Samuel Alito wrote an opinion concurring only in the judgment, and Justice Stephen Breyer filed a dissent joined by Justice Elena Kagan. [read post]
28 Nov 2018, 8:12 am
Justices Ruth Bader Ginsburg and Elena Kagan pushed Hueston on the effect of a motion for reconsideration, which is understood as tolling the period for seeking an appeal until the motion is resolved. [read post]
10 Jan 2012, 11:22 am
., soon backed up by Justice Elena Kagan, wondered what would happen to government regulatory policy “when you get to only a handful of people getting their television via broadcasting.” When Verrilli said “we are not there yet,” Kagan interjected: “We’re almost there.” As the argument would later develop, Alito’s interest in that prospect seemed to reflect a belief that the Court should simply hold off any… [read post]
2 Nov 2016, 3:49 am
” Justice Elena Kagan pressed a similar perspective late in Sullivan’s argument, positing a case with “a pretty minor breach that was not likely to cause any harm, and in fact did not cause any harm, and the government comes in to the district court and says ‘it’s not in our interests for this case to be dismissed. [read post]
1 May 2025, 9:00 pm
”Justice Kagan got the lawyers to explain just how Catholic these schools are. [read post]
17 Feb 2021, 9:03 pm
As then-Professor Elena Kagan documented in her path-breaking article, President Clinton popularized the practice of sending memoranda under his signature to particular agency heads, instructing them to consider a specific regulation consistent with his priorities. [read post]
13 May 2020, 12:56 pm
Other justices, such as Justice Elena Kagan, suggested that the text of the Constitution might not resolve the problem before the court. [read post]
25 Apr 2022, 5:59 pm
Justice Elena Kagan suggested that the focus on whether Kennedy’s prayers were “government speech” was misplaced. [read post]
7 Nov 2017, 5:15 pm
Channeling her days as a law professor, Justice Elena Kagan explained, “We know that Congress can alter the jurisdiction of the federal courts. [read post]
3 Dec 2014, 7:55 am
” That comment drew sharp retorts from both Justice Ginsburg and Justice Elena Kagan. [read post]
21 May 2024, 6:46 am
Justice Elena Kagan, writing for the court, said: “Although an employee must show some harm from a forced transfer to prevail in a Title VII suit, she need not show that the injury satisfies a significance test. [read post]
12 Nov 2013, 11:47 am
With help from Justice Elena Kagan, Campbell also suggested a back-up argument to the “but for” plea: that is, the 1986 law would be satisfied if there were proof that the illegal drug was “a substantial factor” in the buyer’s death. [read post]
28 Aug 2018, 2:11 pm
During Justice Elena Kagan’s confirmation, one Democrat voted against Kagan, while five Republicans voted for her. [read post]
3 Nov 2020, 12:58 pm
Justices Stephen Breyer and Elena Kagan returned to the parties’ primary arguments rooted in Section 355 of the Unemployment Insurance Act. [read post]
1 Mar 2016, 8:25 pm
” Justice Elena Kagan also challenged Husky’s reading of the discharge bar. [read post]
11 Dec 2014, 8:57 am
Goldstein rejected this characterization, emphasizing (in response to a question from Justice Elena Kagan) that this approach gives a district judge the same discretion and control over when appeals can be had, by entering judgment at the point she wants the decision to be final and believes appeal appropriate. [read post]
29 Sep 2017, 9:28 am
In addition to Gorsuch, seven other justices were active yesterday: Justices Anthony Kennedy, Clarence Thomas, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan traveled to New York to honor Senior Judge Ralph Winter, of the U.S. [read post]
