Search for: "ELENA KAGAN"
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21 May 2024, 6:40 am
“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, Justice Elena Kagan wrote on behalf of the unanimous Court. [read post]
16 May 2024, 10:43 am
Department of Defense, #23-21: "We hold that the limit, like most filing deadlines, is not jurisdictional," Justice Elena Kagan wrote for the court. [read post]
16 May 2024, 9:55 am
In a 22-page opinion joined by Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan, Brett Kavanaugh, Amy Coney Barrett, and Ketanji Brown Jackson, Thomas explained that when the Constitution was ratified in the late 18th century, “appropriations were understood as a legislative means of authorizing expenditure from a source of public funds for designated purposes. [read post]
16 May 2024, 7:09 am
Supreme Court in argued cases: Justice Elena Kagan delivered the opinion for a unanimous Court in Harrow v. [read post]
15 May 2024, 3:14 pm
Justices Sonia Sotomayor and Elena Kagan indicated only that they would have denied the requests to put the federal court’s ruling on hold. [read post]
9 May 2024, 7:02 am
And Justice Sonia Sotomayor issued a dissenting opinion, in which Justices Elena Kagan and Ketanji Brown Jackson joined. [read post]
7 May 2024, 9:47 am
Supreme Court affirmed, with Justice Elena Kagan writing on behalf of the six-member majority. [read post]
6 May 2024, 6:45 am
This basic dynamic is familiar to scholars of U.S. public law, who have long documented the growth of executive power relative to Congress and the growth of presidential power within the executive branch—what Justice Elena Kagan famously termed “presidential administration. [read post]
26 Apr 2024, 11:39 am
For example, Justice Elena Kagan posed an unusual hypothetical to Sauer related to his argument that the impeachment conviction was required before a former president faced criminal charges. [read post]
25 Apr 2024, 6:35 pm
Justice Elena Kagan raised the point that there is no explicit immunity clause in the Constitution. [read post]
25 Apr 2024, 3:16 pm
“For a quarter of a century, the institute has brought together the very best of the appellate bar to prepare lawyers for appearances before our court,” said Roberts, who was joined at the event by Justices Elena Kagan and Brett Kavanaugh. [read post]
25 Apr 2024, 2:35 pm
Justice Elena Kagan lobbed a series of examples, some taken from the indictment, at Sauer and asked him to identify them as involving private or official conduct. [read post]
25 Apr 2024, 12:07 pm
But in response to a question from Justice Elena Kagan about distinguishing this case from net neutrality, Prelogar said: Internet service providers are fundamentally different because they are engaged in transmitting data in order to make websites accessible, and that is not inherently expressive… Now then you might ask, okay, well, what if they want to start discriminating with respect to the service they’re providing for particular types of websites? [read post]
25 Apr 2024, 12:02 pm
Justice Elena Kagan described the factual background of the case. [read post]
25 Apr 2024, 6:28 am
As Justice Elena Kagan put it, “It’s got to be the court’s view of the law, right? [read post]
25 Apr 2024, 4:49 am
Justices Elena Kagan and Ketanji Brown Jackson wrestled with Turner on the scope of EMTALA and what it tells hospitals to do. [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]
23 Apr 2024, 2:46 pm
’” And Justice Elena Kagan noted that, on the other hand, the burden of leaving a case on the docket is trivial: “But, presumably … a district court will just keep a list of cases now in arbitration, and that list will exist in some file someplace, and nobody will do anything with it, except if there’s a problem. [read post]
23 Apr 2024, 5:17 am
Police officers in Grants Pass, she suggested, don’t arrest others who fall asleep in public with blankets – for example, babies with blankets or people who are stargazing....Justice Elena Kagan compared sleeping in public, for people who are homeless and have nowhere else to go, to “breathing in public. [read post]
22 Apr 2024, 9:26 pm
Justice Elena Kagan supported the argument by stating, “Sleeping is a biological necessity. [read post]
