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10 Nov 2020, 2:54 pm
But Justice Sonia Sotomayor was more dubious. [read post]
10 Nov 2020, 2:05 pm
Justice Sonia Sotomayor framed it helpfully: There is the “jurisdictional argument” — that a dismissal for lack of subject-matter jurisdiction does not have preclusive effect. [read post]
10 Nov 2020, 4:03 am
In 2012, a 5-4 majority, composed of Chief Justice John Roberts Jr. and Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan, upheld the constitutionality of the then-controversial health insurance law. [read post]
9 Nov 2020, 7:18 pm
Justice Sonia Sotomayor authored a dissent, which was joined by Justices Stephen Breyer and Elena Kagan. [read post]
8 Nov 2020, 10:04 am
Justice Sonia Sotomayor asked Feigin whether the government sought to have the Supreme Court reverse Leocal. [read post]
6 Nov 2020, 7:26 am
Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan believed Congress did have the power to enact such a mandate; nonetheless they joined Chief Justice John Roberts in the majority opinion upholding the provision on an alternative ground — as a constitutional tax. [read post]
4 Nov 2020, 9:00 pm
The question is whether the Justices will see sexual orientation discrimination as similarly stigmatic to racial discrimination, or if they will think it is a good thing protected by religious freedom.Justice Sonia Sotomayor mentioned the role of stigma in antidiscrimination laws. [read post]
3 Nov 2020, 5:33 pm
Alito, along with Justices Stephen Breyer and Elena Kagan, suggested that the December 2013 biological opinions could be considered final documents. [read post]
3 Nov 2020, 2:04 pm
Justice Stephen Breyer had a similar question for Nobile. [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]
30 Oct 2020, 3:00 am
National/Federal Administration Plans to Nominate Bipartisan Pair to Hobbled FEC Roll Call – Kate Ackley | Published: 10/28/2020 After leaving so many vacancies at the FEC that it could not hold meetings for most of the 2020 campaign cycle, the Trump administration said it planned to nominate a bipartisan pair to the hobbled agency. [read post]
29 Oct 2020, 11:30 am
This post is the fifth of a five-part series on litigation about mail voting during the 2020 general election. [read post]
28 Oct 2020, 9:45 am
This post is the third of a five-part series on litigation about mail voting during the 2020 general election. [read post]
27 Oct 2020, 12:51 pm
As with the travel ban, the Supreme Court’s order was short and unsigned – though it carried a five-page dissent from Justice Sonia Sotomayor decrying the adverse effects on a population of asylum seekers that Sotomayor called “some of the most vulnerable people in the Western Hemisphere. [read post]
27 Oct 2020, 9:35 am
Justices Elena Kagan, Stephen Breyer and Sonia Sotomayor all joined in dissenting. [read post]
26 Oct 2020, 8:28 pm
Justice Elena Kagan dissented, writing an opinion that was joined by Justices Stephen Breyer and Sonia Sotomayor. [read post]
26 Oct 2020, 2:18 pm
Chief Justice John Roberts joined the court’s more liberal members — Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan – to rule against the church, and the five-justice majority provided no explanation for the ruling. [read post]
26 Oct 2020, 7:42 am
Justice Stephen Breyer wrote a separate dissent, joined by Justice Ruth Bader Ginsburg, to raise broader concerns about the constitutionality of the death penalty. [read post]
24 Oct 2020, 2:01 pm
That was one short of the five votes that the Republicans needed, which means that Chief Justice John Roberts voted with the court’s three more liberal justices – Stephen Breyer, Sonia Sotomayor and Elena Kagan. [read post]
21 Oct 2020, 7:07 pm
Justice Sonia Sotomayor would have denied the state’s request; she filed a dissent that was joined by Justices Stephen Breyer and Elena Kagan. [read post]
