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5 Oct 2022, 5:20 pm
Jackson questioned Barney about whether an agency can handle this type of question, as equitable tolling is usually a matter reserved for the judiciary. [read post]
3 Oct 2022, 9:01 pm
An implication of Kagan’s view (as we assume it to be), that newness matters for stare decisis, is that it is preferable to postpone the decision to overturn a case—until the Court’s membership has been stable for some period. [read post]
2 Oct 2022, 4:00 pm
That leaves the matter of race. [read post]
2 Oct 2022, 11:50 am
As a realistic matter, they write, Black voters can only elect Black candidates if they make up a majority (or something very close thereto) in a district. [read post]
26 Sep 2022, 9:00 pm
” For Justice Kagan, a court going beyond its writ on highly contested issues, “looks like it’s spoiling for trouble. [read post]
23 Sep 2022, 7:00 am
Maybe it was Justice Kagan. [read post]
23 Sep 2022, 5:01 am
Editor's Note: Pursuant to a FOIA settlement, the Knight Institute recently received a set of previously undisclosed OLC memoranda related to executive privilege. [read post]
20 Sep 2022, 9:22 am
Justice Alito wrote a dissent joined by two other judges, saying that the law was swell, and Justice Kagan voted with Alito but provided no explanation for her vote. [read post]
16 Sep 2022, 5:00 am
I recommend Justice Kagan's final dissent to make the inconsistency clear. [read post]
11 Sep 2022, 9:01 pm
No wonder, then, that when nominee Elena Kagan was, in her Senate confirmation hearings in this, the twenty-first, century, discussing the importance of the Constitution’s words themselves in the exercise of judicial review she quipped that “we are all textualists now. [read post]
19 Aug 2022, 5:01 am
If that is right, then it does not matter how urgent the interest is or how necessary the law is to that interest. [read post]
17 Aug 2022, 12:51 pm
Kennedy prayed during a period when school employees were free to speak with a friend, call for a reservation at a restaurant, check email, or attend to other personal matters. [read post]
10 Aug 2022, 3:02 pm
But, as the authors point out, the result is at odds with perceptions that originalism is rapidly gaining ground in the intellectual world, and with Justice Elena Kagan's famous statement that "we are all originalists. [read post]
3 Aug 2022, 8:20 am
It also missed an opportunity to refocus the major questions doctrine on what really matters in cases like this: What power to Congress delegate to the agency. [read post]
2 Aug 2022, 6:30 am
For that matter, Justices Breyer, Kagan, and Sotomayor, as well as Justice Brown Jackson (while a federal judge), use those canons with increasing frequency in statutory interpretation cases as well.[17]Recognizing that fact, Justice Elena Kagan and a leading nontextualist scholar of statutory interpretation, Professor William Eskridge, have quipped, “[w]e’re all textualists now” (well, before walking that statement back in dissent to this past… [read post]
31 Jul 2022, 6:30 am
This post was prepared for a roundtable on Wrestling with Religious Diversity, convened as part of LevinsonFest 2022—a year-long series gathering scholars from diverse disciplines and viewpoints to reflect on Sandy Levinson’s influential work in constitutional law. [read post]
27 Jul 2022, 4:10 am
It was mentioned in passing in Justice Kagan's dissent, but not to suggest that the Court should have reviewed the matter under Chevron. [read post]
25 Jul 2022, 11:26 am
For more, read “Video Conferencing,” written by Julia Kagan and published by Investopedia on June 02, 2022. [read post]
23 Jul 2022, 2:31 pm
Roberts's majority opinion was joined by Justices Breyer, Sotomayor, Kagan, and Kavanaugh. [read post]
