Search for: "Elena Kagan"
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22 Feb 2012, 6:19 am
Breyer, and Elena Kagan joined) presented a concurring judgment that focused on the “reasonable expectation of privacy,” rather than on trespass. [read post]
1 Mar 2017, 11:08 am
Breyer, Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor. [read post]
27 Jun 2018, 2:52 pm
Justice Elena Kagan: I am deeply grateful to have had the chance to serve on the Court with Tony Kennedy. [read post]
9 Mar 2012, 6:22 am
You could be committing a crime (via NY Times):Last month, at a Supreme Court argument over a federal law that makes it a crime to lie about military honors, Justice Elena Kagan asked about laws like the one that had ensnared Mr. [read post]
14 Sep 2022, 5:18 pm
Although they did not publicly record their votes, the four-justice dissent means that the two remaining conservative justices, Chief Justice John Roberts and Justice Brett Kavanaugh, must have joined their three liberal colleagues – Sotomayor and Justices Elena Kagan and Ketanji Brown Jackson – in voting to deny the university’s request. [read post]
17 Jul 2018, 6:00 am
Concurrence in Gill v Whitford In a concurring opinion, Justice Elena Kagan addressed how the Court should approach partisan gerrymandering claims. [read post]
26 Apr 2018, 4:29 am
” In an op-ed for Bloomberg, Noah Feldman maintains that “Justice Elena Kagan has a strategy to persuade swing Justice Anthony Kennedy to vote against the ban” – “to depict the case as a watershed moment in the court’s jurisprudence about bias — thus making it extraordinarily difficult for Kennedy to find himself on the wrong side of history. [read post]
27 Jun 2012, 8:21 am
The 5-to-4 majority opinion by Justice Elena Kagan, with Justice Anthony Kennedy joining the moderate liberals, held that the mandatory punishment is unconstitutional because it fails “to take into account how children are different, and how those differences counsel against irrevocably sentencing them to a lifetime in prison. [read post]
30 Jan 2007, 4:30 am
(For those who are interested, Dean Elena Kagan of the Harvard Law School wrote an important study in the Harvard Law Review in 2001 comparing the Reagan and Clinton Administrations' attempts to control the federal bureaucracy, and this post draws on her analysis.)Interestingly, the Bush Administration has built on the Clinton model more than the Reagan model. [read post]
26 Nov 2019, 4:01 am
At The American Prospect (via How Appealing), Andrew Koppelman notes that “[i]t’s now more than a month since the Supreme Court heard oral argument … on whether federal law prohibits anti-gay discrimination, and suddenly conservatives have focused their attacks on what might seem like an improbable target: Justice Elena Kagan’s insistence on the importance of the plain language of the law. [read post]
21 Feb 2023, 4:00 am
” That’s Justice Elena Kagan writing in response to the court majority’s opinion in February 2021 striking down a COVID ban on large gatherings in California as it applied to religious services. [read post]
23 Jul 2016, 10:43 am
” To Supreme Court Justice Elena Kagan, it is a tool by which “the monopolist gets to use its monopoly power to insist on a contract effectively depriving its victims of all legal recourse. [read post]
3 Mar 2022, 9:51 am
Justice Elena Kagan filed an opinion (joined by Justice Stephen Breyer) agreeing with the result in the case, but not all of the court’s reasoning. [read post]
13 Jul 2010, 12:31 pm
Elena Kagan used the word so often at her hearings before the Committee that, if it were to be taken as an oath of permanence, the only case it might allow revisiting is Korematsu v. [read post]
18 May 2015, 10:01 am
Justice Antonin Scalia, in a partial dissent joined by Justice Elena Kagan, argued that the Court should not have decided any issue in the case, because doing so rewarded the city for “snookering” the Court by inducing it to grant review on a question it did not intend to argue. [read post]
8 Oct 2018, 7:15 pm
(President Barack Obama did not hold White House ceremonies when his two nominees—Sonia Sotomayor and Elena Kagan—were confirmed.) [read post]
13 Feb 2020, 6:39 am
Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan would have denied DHS’s request for a stay. [read post]
2 Jul 2010, 8:17 am
” During the Elena Kagan confirmation hearings today, Democratic Sen. [read post]
30 Jun 2015, 12:37 pm
Justice Ruth Bader Ginsburg wrote the Court’s opinion, which was joined by Justices Anthony Kennedy, Stephen Breyer, Sonia Sotomayor, and Elena Kagan. [read post]
26 Feb 2016, 6:01 am
Alabama decision, Justice Elena Kagan, writing for the majority, said the judges weighing prison terms for young offenders must take into account “the mitigating qualities of youth,” among them immaturity and the failure to understand fully the consequences of their actions. [read post]
