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3 Aug 2022, 8:20 am
It also missed an opportunity to refocus the major questions doctrine on what really matters in cases like this: What power to Congress delegate to the agency. [read post]
2 Aug 2022, 6:30 am
For that matter, Justices Breyer, Kagan, and Sotomayor, as well as Justice Brown Jackson (while a federal judge), use those canons with increasing frequency in statutory interpretation cases as well.[17]Recognizing that fact, Justice Elena Kagan and a leading nontextualist scholar of statutory interpretation, Professor William Eskridge, have quipped, “[w]e’re all textualists now” (well, before walking that statement back in dissent to this past… [read post]
31 Jul 2022, 6:30 am
This post was prepared for a roundtable on Wrestling with Religious Diversity, convened as part of LevinsonFest 2022—a year-long series gathering scholars from diverse disciplines and viewpoints to reflect on Sandy Levinson’s influential work in constitutional law. [read post]
27 Jul 2022, 4:10 am
It was mentioned in passing in Justice Kagan's dissent, but not to suggest that the Court should have reviewed the matter under Chevron. [read post]
25 Jul 2022, 11:26 am
For more, read “Video Conferencing,” written by Julia Kagan and published by Investopedia on June 02, 2022. [read post]
23 Jul 2022, 2:31 pm
Roberts's majority opinion was joined by Justices Breyer, Sotomayor, Kagan, and Kavanaugh. [read post]
22 Jul 2022, 5:07 am
By Mark S. [read post]
19 Jul 2022, 5:01 am
Alvarez took this view: Justices Breyer and Kagan in the concurrence and Justices Alito, Scalia, and Thomas in the dissent. [read post]
17 Jul 2022, 9:05 pm
Both illustrate the complexity of what the Court faces on health care matters. [read post]
15 Jul 2022, 2:25 pm
They spoke with Nick Sawyer and Taylor Nichols, emergency medicine physicians and cofounders of the organization No License for Disinformation, about the role of state medical boards in combating disinformation related to the coronavirus: douek and Tia Sewell discussed the late release of several Meta Oversight Board decisions and why this tardiness matters. [read post]
15 Jul 2022, 12:23 pm
(Our colleague responded that what matters is the principle, not the technology available at any one time). [read post]
12 Jul 2022, 4:18 pm
As Justice Brett Kavanaugh wrote: “The Court today holds that Indian country within a State’s territory is part of a State, not separate from a State,” reasoning that “as a matter of state sovereignty, a State has jurisdiction over all of its territory, including Indian country. [read post]
12 Jul 2022, 10:07 am
Kagan relied, as she often does, on "common sense. [read post]
11 Jul 2022, 7:47 am
” In her dissent, Justice Kagan strongly disagrees with the majority’s interpretation of the authority of the EPA, noting in part: “The subject matter of the regulation here makes the Court’s intervention all the more troubling. [read post]
7 Jul 2022, 11:18 pm
As a threshold matter, we can look at how often the Justices agreed with each other. [read post]
7 Jul 2022, 5:01 am
Chief Justice John Roberts wrote for the court, in an opinion that Justices Stephen Breyer, Elena Kagan, and Sonia Sotomayor joined. [read post]
6 Jul 2022, 11:10 am
These included Justices John Roberts, Samuel Alito, Clarence Thomas, Elena, Kagan, Samuel, Alito, Sonia Sotomayor, Brett Kavanaugh, Amy, Coney Barret, and Neil Gorsuch. [read post]
5 Jul 2022, 10:09 pm
Kagan criticized the young and restless Thomas Court. [read post]
5 Jul 2022, 9:01 pm
Writing for the Court, Justice Kagan clarified that the FAA is directed not to “fostering arbitration,” but instead to “treating arbitration contracts like all others. [read post]
5 Jul 2022, 8:24 am
As a general matter, conservatives oppose cancel culture. [read post]
