Search for: "Matter of Kagan"
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30 Jun 2022, 6:05 am
The Supreme Court granted certiorari to review the matter. [read post]
27 Jun 2022, 2:43 pm
" Nor did it demonstrate judging for that matter. [read post]
27 Jun 2022, 1:47 pm
" Score one for the dissent, as a matter of prophecy. [read post]
27 Jun 2022, 8:34 am
In discussing whether the school district could regulate Coach Kennedy's speech because Kennedy was a government employee, Justice Gorsuch said in part:[W]hat matters is whether Mr. [read post]
25 Jun 2022, 9:42 am
Justice Kavanaugh's concurrence in Dobbs today expressly noted: [A]s I see it, some of the other abortion-related legal questions raised by today's decision are not especially difficult as a constitutional matter. [read post]
24 Jun 2022, 10:58 am
Justices Breyer, Sotomayor, and Kagan wrote an impassioned joint dissent, and the Chief Justice—no supporter of abortion rights—called for the Court to proceed more incrementally and carefully. [read post]
24 Jun 2022, 10:26 am
I expect this is fairly important because I assume that Chief Justice Roberts and the three dissenters (Justices Breyer, Sotomayor, and Kagan) and Justice Jackson, who will replace Justice Breyer, would likely go along with Kavanaugh on this. [read post]
23 Jun 2022, 4:21 pm
That Eighth Amendment enforcement would “depend on the vagaries of state law” bothered the majority as a policy matter. [read post]
23 Jun 2022, 4:17 pm
But the court’s decision today says that these facts, or any others, don’t matter at all. [read post]
22 Jun 2022, 4:59 am
At this point, the brakes on the movement to displace the Establishment Clause with a hyper-charged Free Exercise Clause are less a matter of logic than what the six conservatives in the super-majority think the American public, as filtered through our increasingly undemocratic political system, will tolerate. [read post]
21 Jun 2022, 9:13 am
” Justice Stephen Breyer filed an 18-page dissent that Justice Elena Kagan joined and Sotomayor joined in part. [read post]
21 Jun 2022, 8:46 am
For him, the only thing that matters is that Marietta “provides the same benefits, including the same outpatient dialysis benefits, to individuals with and without end-stage renal disease. [read post]
21 Jun 2022, 8:39 am
Justice Breyer stresses the importance of "government neutrality" when it comes to religious matters, but there is nothing neutral about Maine's program. [read post]
21 Jun 2022, 8:18 am
JUSTICE BREYER stresses the importance of “government neutrality” when it comes to religious matters... [read post]
16 Jun 2022, 10:04 am
Justice Sonia Sotomayor filed a dissenting opinion, joined by Justices Stephen Breyer and Elena Kagan, saying that “the Texas’ courts’ opinion was irreconcilable with this Court’s prior decision” and Andrus’ case “cries out for intervention. [read post]
15 Jun 2022, 11:09 am
Indeed, Justice Kagan advanced it powerfully in her 2019 opinion for the Court in Kisor v. [read post]
14 Jun 2022, 5:38 pm
Justice Neil Gorsuch filed a dissenting opinion, joined in part by Justices Sonia Sotomayor and Elena Kagan. [read post]
13 Jun 2022, 10:56 pm
Of course, Hale had been recently cited by Justices Kagan and Breyer. [read post]
13 Jun 2022, 10:37 pm
Moreover, Part II--which Justices Sotomayor and Kagan did not join--teed up an important separation of powers issue for future cases. [read post]
10 Jun 2022, 8:14 am
Then there’s the matter of recoupment. [read post]
