Search for: "Elena Kagan"
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11 Nov 2022, 9:22 am
Chief Justice John Roberts and Justices Elena Kagan and Brett Kavanaugh emphasized how the statute uses the word rights “over and over again” and requires recipients to “protect” those rights; Robbins urged the court to look beyond isolated word to focus on the statute’s “unambiguous focus” on the officers and offices regulating facilities rather than facility residents. [read post]
9 Nov 2022, 3:02 pm
” Justice Elena Kagan also viewed Congress’ power over Native American affairs as very broad. [read post]
9 Nov 2022, 1:49 pm
Justices Amy Coney Barrett, Neil Gorsuch and Elena Kagan pushed back on the non-Native adoptive parents’ argument that the matter is a state issue, as opposed to federal. [read post]
8 Nov 2022, 3:17 pm
” Even Justice Elena Kagan was skeptical of the government’s argument – and it is just about impossible to imagine the government finding five votes to prevail if it can’t persuade her. [read post]
8 Nov 2022, 1:27 pm
But Justice Elena Kagan was also skeptical of his efforts to rely on that decision and on the history of such laws. [read post]
8 Nov 2022, 4:00 am
In her dissent, Justice Elena Kagan emphasized, “a key reason Congress makes broad delegations […] is so an agency can respond, appropriately and commensurately, to new and big problems” (West Virginia, at 5 of Justice Kagan’s dissent). [read post]
7 Nov 2022, 12:47 pm
There is no way to know how the court’s other members voted, but two years ago Justice Elena Kagan joined Justice Samuel Alito’s dissent from the court’s decision in Ramos v. [read post]
4 Nov 2022, 1:27 pm
At the same time, as then-Professor Elena Kagan argued, presidential oversight often provides essential energy and direction for actualizing policy, especially in a world of sharp political divides. [read post]
4 Nov 2022, 10:41 am
During oral arguments, Justice Elena Kagan raised the issue of whether employers may consider the benefits of diversity when making hiring decisions. [read post]
4 Nov 2022, 4:00 am
Should judges make pop culture references in judicial decisions? [read post]
3 Nov 2022, 4:08 pm
The first thing you’d think about the argument (once you got past the protesters) is that somebody challenging government overreach will have a really hard time finding five votes if Justices Elena Kagan and Sonia Sotomayor are unpersuaded. [read post]
2 Nov 2022, 5:48 pm
The end of Feigin’s argument focused on what Congress intended when it created the exceptions to 2255(h)’s bar on successive petitions and did not include statutory claims, in response to questions from Sotomayor and Justice Elena Kagan. [read post]
2 Nov 2022, 3:42 pm
” Justice Elena Kagan wasn’t having any of it. [read post]
31 Oct 2022, 9:02 pm
Justice Elena Kagan’s dissent also rested on statutory interpretation, precedent, and appeals to science, not APA procedures. [read post]
31 Oct 2022, 4:44 pm
ShareIn 2003, a divided Supreme Court ruled in Grutter v. [read post]
31 Oct 2022, 3:27 pm
” Justice Elena Kagan asked about “a precipitous decline in minority admissions” that might occur if the Court invalidates affirmative action. [read post]
30 Oct 2022, 4:00 pm
In 2020, in a case raising an analogous issue in the religious-freedom context, Justice Elena Kagan commented with characteristic understatement, “Race is sui generis in our society in all kinds of ways. [read post]
28 Oct 2022, 9:20 am
During her confirmation hearing, Justice Elena Kagan claimed: “We are all originalists. [read post]
27 Oct 2022, 6:10 am
Here’s the Thursday morning read: Elena Kagan temporarily stays House Jan. 6 committee’s subpoena for Arizona GOP chair’s phone records (Ariane de Vogue, Sara Murray, & Katelyn Polantz, CNN) Think Affirmative Action Is Dead? [read post]
27 Oct 2022, 4:53 am
Signup to receive the Early Edition in your inbox here. [read post]
