Search for: "Elena Kagan"
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7 Dec 2022, 2:22 pm
Justice Elena Kagan ticked off a series of Supreme Court cases that, she said, make clear that state courts, applying a state’s constitution, can constrain the legislature’s power over federal elections. [read post]
6 Dec 2022, 9:01 pm
From the other direction, as questions by Justices Sonia Sotomayor and Elena Kagan explored, does a wedding website that announces the wedding date, venue, and registry, and tells the story of how the couple met, speak in any realistic way on behalf of the web designer as opposed to the couple? [read post]
6 Dec 2022, 9:37 am
The dominant comments here were from Justices Amy Coney Barret and Elena Kagan. [read post]
5 Dec 2022, 4:29 pm
Justice Elena Kagan presses Waggoner on a hypothetical that is “not really a hypothetical, because I happen to have two clerks in my chambers this year who are engaged, so, in looking at this case and preparing this case, I looked at their websites. [read post]
5 Dec 2022, 4:18 pm
Noting that two of her clerks are engaged to be married, Justice Elena Kagan observed that the clerks’ wedding websites contain similar features – for example, the couples’ names, their wedding dates, and links to things like the schedules for the wedding weekend and the couples’ registries. [read post]
5 Dec 2022, 3:35 pm
When Justice Elena Kagan said that Santa could refuse anyone wearing such an outfit, regardless of their race, Alito said it would be unlikely that his example would be a Black child.... [read post]
5 Dec 2022, 5:30 am
On the death penalty, he was arguably to the left of Justices Sonia Sotomayor and Elena Kagan, each of whom has written important dissents in death-penalty cases, but neither of whom has expressly questioned its constitutionality. [read post]
2 Dec 2022, 9:43 am
In West Virginia v. [read post]
1 Dec 2022, 5:30 pm
Justice Elena Kagan was the most engaged with the government’s argument that the old cases already have decided that the limit at issue here is jurisdictional. [read post]
29 Nov 2022, 1:55 pm
Justice Elena Kagan was perhaps the strongest proponent of the idea that the states do not have standing. [read post]
29 Nov 2022, 12:31 pm
Adherence to a “major question” doctrine is ultimately something new, as Justice Elena Kagan notes in her dissent in the case, saying, “The Court has never even used the term ‘major questions doctrine’ before. [read post]
28 Nov 2022, 2:05 pm
Justice Elena Kagan asked about a scenario in which a public official briefly resigns so that he can take a bribe but then returns to his job almost immediately. [read post]
28 Nov 2022, 2:05 pm
Justice Elena Kagan expressed surprise that prosecutors even raised such a theory at trial, remarking that it seemed more straightforward to discuss the concrete value of the $750 million contract rather than the amorphous value of Ciminelli’s secret information. [read post]
27 Nov 2022, 9:05 pm
Thus, as Justice Elena Kagan noted in her dissent, the Court’s decision amounted to an advisory opinion, something the Supreme Court has always stressed that it does not give. [read post]
27 Nov 2022, 9:05 pm
Thus, as Justice Elena Kagan noted in her dissent, the Court’s decision amounted to an advisory opinion, something the Supreme Court has always stressed that it does not give. [read post]
23 Nov 2022, 6:06 am
Justice Elena Kagan, who clerked for Thurgood Marshall, also remembered Cissy Marshall on Tuesday, describing her as a “marvelous woman. [read post]
18 Nov 2022, 7:46 am
The Supreme Court granted Alabama’s request, with Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson noting dissents. [read post]
16 Nov 2022, 12:35 pm
Sonia Sotomayor: I—I—I don't—I—I actually — Elena Kagan: There are those who love it. [read post]
14 Nov 2022, 4:00 am
Most famously articulated by then-professor Elena Kagan in her paper “Presidential Administration,” the view is roughly that presidential supervision ties agency policymaking to the national electorate. [read post]
13 Nov 2022, 9:04 pm
If the Constitution did not already ban slavery, Justice Elena Kagan asked, would states be able to ban products made in other states with slave labor? [read post]
