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10 Jan 2023, 1:56 pm by Michael C. Duff
” And Justice Sonia Sotomayor invoked what she called Justice Elena Kagan’s “venerable rule” (though she was actually quoting Kagan from the first case argued on Monday): “If it ain’t broke, don’t fix it. [read post]
10 Jan 2023, 6:57 am by Stephen Gillers
In light of some uncertainty over whether there really is a problem with the primary-purpose test in practice, Justice Elena Kagan asked Levin if he “would just comment on, you know, the ancient legal principle, if it ain’t broke, don’t fix it. [read post]
9 Jan 2023, 3:35 am by Marcia Coyle
During the arguments, the standing issue became a hill on which Justice Elena Kagan appeared ready to fight. [read post]
3 Jan 2023, 9:14 am by DONALD SCARINCI
“This is a proposal that gets rid of the normal checks and balances on the way big governmental decisions are made in this country,” Justice Elena Kagan said. [read post]
31 Dec 2022, 3:12 pm by James Romoser
Justice Elena Kagan, who clerked for Thurgood Marshall, said in a written statement: “Every clerk to Justice Marshall received a sort of bonus: the steadfast friendship and support of his wife, Cissy. [read post]
31 Dec 2022, 10:06 am by Josh Blackman
… "Elena is very intentional and personable," one Kagan associate said when asked about the liberal justice's unusual public criticism of her colleagues. [read post]
30 Dec 2022, 3:43 pm by Jonathan H. Adler
The court's next most-talkative members — Justices Elena Kagan, Sonia Sotomayor, and Neil Gorsuch, in that order — each have spoken, on average, between 800 and 900 words per argument. . . . [read post]
30 Dec 2022, 11:19 am by Jake S. Truscott and Adam Feldman
The court’s next most-talkative members — Justices Elena Kagan, Sonia Sotomayor, and Neil Gorsuch, in that order — each have spoken, on average, between 800 and 900 words per argument. [read post]
29 Dec 2022, 9:05 pm by Victoria Hawekotte
The Supreme Court previously upheld the University of Texas at Austin’s use of race in its admissions process in 2016 by a vote of four to three following the death of Justice Antonin Scalia and the recusal of Justice Elena Kagan. [read post]
27 Dec 2022, 3:44 pm by Amy Howe
” Justices Sonia Sotomayor and Elena Kagan indicated that they, too, would have allowed Sullivan’s ruling to remain in effect, but they did not join Gorsuch’s dissent. [read post]
25 Dec 2022, 4:00 am by Josh Blackman
11/24/2009: Justice Elena Kagan "was probably at a Chinese restaurant. [read post]
22 Dec 2022, 4:47 am
They could slot in 2 reliable liberal Justices — young Justices, 20 years younger than Sotomayor and Kagan. [read post]
21 Dec 2022, 11:03 am by Jonathan H. Adler
Over at Vox, Ian Millhiser argues that Justices Sonia Sotomayor and Elena Kagan should retire now so that they can be replaced while Democrats control both the White House and the U.S. [read post]
19 Dec 2022, 4:00 am by Eric Segall
Yet more than two and a half hours into the Court’s argument, it was not one of the Court’s conservatives—but Justice Elena Kagan—who put the question of originalism on the table, asking “what would a committed originalist think about the kind of race-consciousness that’s at issue here? [read post]
13 Dec 2022, 9:01 pm by Joanna L. Grossman
More than a quarter century after passing it, Congress has repealed the Defense of Marriage Act (DOMA). [read post]
12 Dec 2022, 9:01 pm by Vikram David Amar
Oral arguments are even harder to read these days because the arguments very often run well beyond their allotted times (and thus Justices say so many things it’s hard to know what each Justice cares most about).But even though we’ll all just have to wait until June or so to really know what will happen in Moore, many commentators are suggesting that there appears to be a majority (Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson for sure, and quite… [read post]
Justice Elena Kagan cited several recent decisions, concluding: “Of course, state courts applying state constitutions typically constrain state legislatures when they redistrict, when they enact election laws. [read post]
7 Dec 2022, 2:22 pm by Amy Howe
Justice Elena Kagan ticked off a series of Supreme Court cases that, she said, make clear that state courts, applying a state’s constitution, can constrain the legislature’s power over federal elections. [read post]