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15 Apr 2021, 7:13 am
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]
16 Apr 2013, 10:41 am
Kagan’s dissent was joined by Justices Stephen G. [read post]
25 Apr 2019, 8:09 am
” Justice Elena Kagan wrote the main dissent. [read post]
25 Apr 2018, 3:37 am
” After asking Phillips whether Chinese courts would defer to a foreign government’s submission, Justice Elena Kagan expressed concern that adopting the 2nd Circuit’s rule would establish a more deferential standard than other countries use. [read post]
25 Sep 2018, 11:56 am
Along with Thomas, Gorsuch and Roberts, Justice Ruth Bader Ginsburg asked fewer questions on average than Justice Byron White, and Justice Elena Kagan asked fewer questions than Justice John Paul Stevens. [read post]
1 Oct 2018, 7:05 pm
Counsel for Weyerhaeuser Company, Timothy Bishop, had barely opened his mouth when Justice Elena Kagan offered a hypothetical: Suppose that the only habitat of an endangered species no longer supported that species but, with a “reasonable effort,” it could come to support that species. [read post]
21 May 2018, 10:42 am
Ginsburg has written a dissent, joined by Breyer, Sotomayor and Justice Elena Kagan. [read post]
11 Jun 2018, 7:00 am
Those two would have to be joined by Roberts, Breyer, and Kagan. [read post]
10 Nov 2020, 2:05 pm
’” Sotomayor, along with Justices Elena Kagan and Brett Kavanaugh, seemed skeptical about this reading of the statute, with Kavanaugh again pointing out that “the key problem for you is [that the statute] says ‘any action,’ not ‘any claims. [read post]
12 Dec 2016, 8:56 am
Breyer did have the backing of one of his colleagues, Justice Elena Kagan, in the case of Romell Broom, a death-row inmate in Ohio who had asked the court to weigh in once again on the use of lethal injection as a method of execution. [read post]
9 Nov 2011, 6:08 am
As her argument was winding down, Justice Elena Kagan leaned forward and asked: “Ms. [read post]
1 Nov 2011, 11:24 am
When, early in the argument, Justice Elena Kagan asked Franklin what would happen if there simply were no state tort remedy available in a state other than California, the lawyer responded that that would be a different case, but, in any event, there is nothing to show that any state would not afford such a remedy. [read post]
18 Jan 2017, 2:06 pm
Even strong advocacy from Rachel Meeropol, the lawyer representing the detainees, did not appear to be enough to overcome the justices’ reservations about holding government officials personally responsible for their role in implementing policy following a national emergency – particularly when Justices Sonia Sotomayor and Elena Kagan, two members of the court more likely to be sympathetic to the plight of the detainees, were recused from the case. [read post]
24 Feb 2015, 7:12 am
” Justices Sonia Sotomayor, Elena Kagan, Breyer and Ginsburg seemed sympathetic to Din’s case. [read post]
7 Nov 2023, 2:20 pm
” Justice Elena Kagan seemed most set on that idea, as she explained that “it’s statutory interpretation 101 that we take a defined term, we plug the definition in, and that’s what the meaning of the statute is. [read post]
20 Apr 2022, 6:57 am
Justice Elena Kagan was even more pointed, describing the challenged arrangement as “a top-down imposition of a fee structure that predictably can’t help but disadvantage both debtors and creditors in 48 states as compared to two states. [read post]
4 Apr 2017, 11:50 am
Justices Ruth Bader Ginsburg and Elena Kagan were quick to stress that Section 924(c) requires consecutive sentencing, which a one-day sentence for predicate felonies would functionally undermine. [read post]
29 Apr 2010, 6:51 am
Yesterday David Savage had a piece in the Los Angeles Times about three of the potential nominees – Garland, Kagan, and Wood – and their views of executive power. [read post]
10 Jul 2020, 4:11 am
Howard Wasserman comments on the scope of nationwide injunctions by analyzing a footnote in Justice Ruth Bader Ginsburg’s dissent, and James Phillips examines a footnote in Justice Elena Kagan’s concurrence and argues that it misreads the majority opinion Kagan joined in Our Lady of Guadalupe. [read post]
18 Jun 2015, 12:45 pm
As he notes that the dissent by Justice Sotomayor is joined by Breyer and Justices Ruth Bader Ginsburg and Elena Kagan, Alito tilts his head and quickens his pace of speech, as if to say: “you know, the usuals. [read post]
