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9 Nov 2010, 7:15 am
Although the denial of certiorari had been widely expected because the petitioners were asking the Court to grant review before a federal appeals court had ruled on the issue, the denial was nonetheless noteworthy insofar as no Justice recused him- or herself from the decision – suggesting that Elena Kagan, who was the Solicitor General when the legislation was passed, would participate if (as expected) a subsequent challenge to the law does reach the Court. [read post]
23 Mar 2023, 2:45 pm
These arguments were questioned by Justices Elena Kagan and Ketanji Brown Jackson in view of the Lanham Act’s goals of protecting U.S. consumers from confusion based upon goods available to U.S. consumers, or seen by U.S. consumers, which are likely to lead to confusion as to their source or sponsorship. [read post]
28 Jun 2019, 6:52 am
Justice Elena Kagan, in a lengthy and impassioned dissenting opinion (parts of which she recited from the bench for dramatic emphasis), denounced the ruling as “tragically wrong” and argued that it marked the first time that the Court had used its own supposed incapability to refuse to resolve a constitutional violation. [read post]
9 Apr 2012, 6:10 am
” Chris Mondics of the Philadelphia Inquirer reports on Justice Sonia Sotomayor’s recent remarks at the University of Pennsylvania, and the Washington Post’s Sarah Kliff covers Justice Elena Kagan’s remarks at Marquette University. [read post]
25 Mar 2015, 12:10 am
Justice Elena Kagan delivered the opinion of the Court, in which Chief Justice John Roberts and Justices Anthony Kennedy, Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito and Sonia Sotomayor joined. [read post]
1 May 2009, 5:03 am
The UPI article also mentions former Harvard Law dean Elena Kagan as a possible Justice, but discounts her chances because she is doing such a good job where she is, as solicitor general (isn't that the way of the world?). [read post]
27 Apr 2011, 6:15 pm
Breyer wrote in his dissent (joined by Associated Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan): In general agreements that forbid the consolidation of claims can lead small dollar claimants to abandon their claims rather than to litigate. [read post]
31 Dec 2011, 3:00 pm
Those proposals have been triggered by criticism from both ends of the political spectrum of Justices Elena Kagan and Clarence Thomas for participating in the upcoming cases challenging the constitutionality of the Affordable Care Act. [read post]
17 Jun 2019, 3:09 pm
” Justice Sonia Sotomayor dissented, in an opinion that was joined by Justices Ruth Bader Ginsburg, Stephen Breyer and Elena Kagan. [read post]
11 Nov 2015, 10:47 am
Justice Elena Kagan, who authored the 2012 decision, noted that it requires a range of penalties, upper and lower, for juveniles convicted of murder. [read post]
24 May 2021, 10:38 am
Justice Sonia Sotomayor dissented from that denial, in an opinion joined by Justices Stephen Breyer and Elena Kagan; Breyer also penned his own dissent. [read post]
15 Jul 2022, 2:50 am
Justice Elena Kagan is Jewish and new Justice Ketanji Brown Jackson has said she is a nondenominational Protestant. [read post]
20 Apr 2023, 5:47 am
Justice Brett Kavanaugh wrote the court’s six-page opinion, which was joined by Chief Justice John Roberts, Justice Amy Coney Barrett, and the court’s three liberal justices – Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson. [read post]
25 May 2023, 8:40 am
” Four justices – Sonia Sotomayor, Elena Kagan, Brett Kavanaugh, and Ketanji Brown Jackson – agreed that the CWA does not apply to the wetlands on the Sacketts’ lot, but they disagreed with the majority’s reasoning. [read post]
8 Jun 2023, 6:49 am
” Following up on a question by the Chief Justice, Justice Elena Kagan asked if that statement in the brief is meant to guard against “bad faith” or other forms of abuse, which the Assistant Solicitor General answered it does. [read post]
10 Dec 2020, 8:49 pm
Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan noted that they would have granted Bernard’s request for a stay and taken up Bernard’s appeal. [read post]
16 Jul 2012, 2:30 pm
Justice Elena Kagan did not take part, since she was involved in the issue as the Solicitor General. [read post]
9 Dec 2014, 7:58 am
Justice Sonia Sotomayor, joined by Justice Elena Kagan, wrote a brief concurring opinion, elaborating on their understanding of the standards the Thomas opinion had used. [read post]
28 Jan 2015, 10:43 am
While technically a unanimous decision, the Court’s opinion , which was authored by Justice Clarence Thomas, seems to prefer a stricter standard for this sort of contract analysis than what is set forth in a concurring opinion authored by Justice Ruth Bader Ginsburg (and joined by Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan, the other three members of the so-called liberal wing of the Court). [read post]
29 Sep 2023, 6:48 am
Justice Elena Kagan also indicated, without any additional explanation, that she would have allowed the law to go into effect. [read post]
