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11 Oct 2013, 5:41 pm by Amy Howe
When the Justices convene on Tuesday for the oral argument, Justice Elena Kagan will not participate, presumably because she was involved in the case in some way when she served as the Solicitor General of the United States. [read post]
28 Mar 2023, 9:35 am by Minyao Wang
” Justice Elena Kagan seemed to fully embrace the administration’s position. [read post]
24 Jan 2011, 6:50 pm by David Lat
Look for her to sashay down that aisle, toe to toe with lawmakers and Cabinet members, en route to the justices’ primo seating at the front of the chamber.Justice Elena Kagan: It would be her first State of the Union as a justice, so expect to see the Divine Miss K in the House. [read post]
30 Nov 2021, 4:53 pm by Nicholas Bagley
Justice Elena Kagan may have summed up the mood most pithily: “The provision says, if you have survey data, you do one thing” — pay acquisition costs — “and if you don’t have survey data, you do a different thing” — pay the average sales price plus 6%. [read post]
1 Nov 2021, 4:30 pm by Mark Walsh
This is in keeping with the precedent set by one of Prelogar’s mentors, Justice Elena Kagan, who declined to wear the morning attire when she became solicitor general in 2009. [read post]
4 Mar 2022, 9:57 am by Amy Howe
Justice Stephen Breyer dissented, in an opinion joined (for the most part) by Justices Sonia Sotomayor and Elena Kagan. [read post]
20 Sep 2010, 3:23 am by Russ Bensing
  Prior to her appointment, as most people know, incoming Justice Elena Kagan was the Solicitor General, who has a key role with the Court; not only does the SG argue cases in which the United States is a party, the Court will often seek her opinion on what the government’s position is on certain other cases. [read post]
30 Mar 2016, 4:25 pm by Steve Vladeck
With Justices Elena Kagan, Sonia Sotomayor, and Ruth Bader Ginsburg leading the charge, Bernhardt faced repeated (and skeptical) questioning about whether the unexhausted remedies were actually available to prisoners in Blake’s position. [read post]
4 Oct 2010, 9:48 am by Steve Hall
"New Supreme Court term begins; Kagan to recuse from dozens of cases," is the CNN post by Bill Mears. [read post]
30 Mar 2023, 10:58 am by Jeffrey Bellin
Justices Sonia Sotomayor and Elena Kagan also seemed sympathetic, indicating that the case was similar to the court’s 1998 decision in Gray v. [read post]
12 Apr 2024, 1:10 pm by Ilya Somin
Oral argument revealed that the justices were in "radical agreement" (as Justice Elena Kagan put it) in rejecting the idea that there is any such legislative exception. [read post]
23 May 2017, 2:32 pm by Anita Earls
For all the rhetorical flourishes back and forth between Justice Elena Kagan’s opinion for the majority and Justice Samuel Alito’s opinion concurring in part and dissenting in part, the Supreme Court’s ruling in Cooper v. [read post]
9 Jan 2024, 6:52 pm by Amy Howe
Justice Elena Kagan suggested that the answer would instruct courts to “ask more generally about the proportionality or reasonableness … of the general legislative scheme. [read post]
2 Nov 2015, 1:23 pm by Amy Howe
Justice Elena Kagan, who was among the most active questioners today, led the charge on this point, asking Pincus why, even if she agreed that “you need a concrete injury,” “wouldn’t the dissemination of false information in a credit report be a concrete injury? [read post]
3 Nov 2016, 4:33 am by Edith Roberts
” At Supreme Court Brief (subscription required), Tony Mauro reports on an appearance by Justice Elena Kagan at a public interest law career fair, during which Kagan confided that she “went to law school for all the wrong reasons,” advised that “the best opportunities are the ones that you didn’t expect,” stressed the value of being a good listener “on the court when we’re all … trying to figure out a way to reach… [read post]
13 Jan 2023, 10:20 am by Ronald Mann
” On the other side of the question were Justices Elena Kagan and Neil Gorsuch. [read post]
8 Jan 2024, 5:08 pm by Amy Howe
” Justice Elena Kagan asked whether the government should be required to go before a judge in private to explain why someone had been placed on the No Fly List, why they had been removed from the list, and why they would not be returned to the list. [read post]
15 Apr 2021, 7:13 am by Jim Oleske
Justice Elena Kagan dissented, joined by Justices Stephen Breyer and Sonia Sotomayor, but she didn’t explicitly weigh in on the most-favored-nation theory. [read post]