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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]
27 Oct 2022, 4:44 am
Justice Kagan ordered the committee to respond to Ms. [read post]
25 Oct 2022, 1:33 am
Justice Elena Kagan could not speak to the Women of Berkeley Law on issues before the Supreme Court; Vice President Kamala Harris could not tell the Asian Pacific American Law Students Association of her childhood in Berkeley; Sen. [read post]
24 Oct 2022, 1:46 pm
The post Justice Elena Kagan Tells It Like It Is When It Comes To Stare Decisis And The Politicization Of The Supreme Court appeared first on Above the Law. [read post]
23 Oct 2022, 6:48 pm
“Justice Elena Kagan talks ‘finding common ground’ within divided Supreme Court at Penn inauguration event”: Jared Mitovich of The Daily Pennsylvanian has this report. [read post]
19 Oct 2022, 9:21 am
"Chief Justice John Roberts name-dropped the artists Piet Mondrian and Josef Albers. [read post]
16 Oct 2022, 5:17 pm
Roberts Jr. and Justice Elena Kagan, who had joined the court after representing the government there as its chief lawyer. [read post]
14 Oct 2022, 6:50 pm
Justice Elena Kagan put it most bluntly when she explained that under Martinez’s argument there may be nothing left to the original author for derivative works. [read post]
14 Oct 2022, 2:28 pm
For example, Justice Elena Kagan questioned whether Helix had really satisfied 602’s requirement that workers “receive” a predetermined amount on a weekly or less-frequent basis simply by issuing Hewitt’s paychecks on a bi-weekly basis: “If you tell a client, Mr. [read post]
14 Oct 2022, 4:00 am
You don’t want the political branches telling you what the law is, and you don’t want public opinion to be the guide about what the appropriate decision is…” In a later response to Roberts comments, Justice Elena Kagan declared “Judges create legitimacy problems for themselves when they don’t act like courts” and “when they instead stray into places that look like politics. [read post]
13 Oct 2022, 6:28 am
But Justice Sonya Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, wrote an opinion dissenting from the denial of cert, arguing that the constitutional errors in Thomas’s case were so glaring she would have summarily reversed. [read post]
12 Oct 2022, 4:32 pm
“Let’s say that I’m both a Prince fan, which I was in the ’80s …” Thomas says, before Justice Elena Kagan interrupts him. [read post]
