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19 Apr 2019, 4:30 am
La jueza Elena Kagan pareció estar de acuerdo y señaló que el jurado potencial negro tenía un tío que trabajaba como guardia de prisión y un familiar que había sido víctima de un crimen violento. [read post]
Argument analysis: Justices express skepticism over using legislative motive in pre-emption analysis
6 Nov 2018, 8:22 am
And Justice Elena Kagan raised the possibility that two similar state statutes could face different pre-emption outcomes simply because of different legislative history. [read post]
3 Nov 2020, 2:04 pm
Nobile (as well as Frederick Liu, an assistant to the solicitor general who argued on behalf of the United States in support of Mississippi) fielded questions from some justices about how Miller could create a substantive rule, and therefore apply retroactively, if, as Justice Elena Kagan explained, it boiled down to “only basically ensuring that a certain kind of process is accomplished” – the requirement to consider youth in determining whether a defendant… [read post]
25 Feb 2015, 5:22 pm
Even Justice Elena Kagan – whose vote we would expect the government to need to prevail – expressed some skepticism about how the government’s rule would apply. [read post]
22 Mar 2018, 4:17 am
” At Linkedin, legal-writing maven Ross Guberman offers five ways to write like Justice Elena Kagan. [read post]
27 Mar 2019, 1:07 pm
” And Justice Elena Kagan pressed Hughes about whether it was appropriate for the justices to overrule their past cases when Congress is well aware of the Auer rule and “has repeatedly acted in this sphere and shown no interest whatsoever in reversing the rule that the Court has long established. [read post]
10 Jun 2015, 8:55 am
On May 14, Justice Elena Kagan, the Circuit Justice for the U.S. [read post]
17 Apr 2017, 5:41 pm
Justice Elena Kagan intervened, arguing that the court’s decision in Kloeckner v. [read post]
5 Nov 2013, 9:54 am
Justice Elena Kagan cautioned about asking judges to try to “get into the minds” of those negotiating world treaties like the chemical weapons pact. [read post]
12 Sep 2016, 8:02 am
” Justice Elena Kagan’s opinion in Town of Greece provides the starting point. [read post]
15 Feb 2012, 2:54 am
Chief Justice John Roberts, a Republican appointee, and Justice Elena Kagan, a Democrat, would have been on the appeals court in Washington before their 40th birthdays had senators not blocked their confirmations. [read post]
25 Apr 2018, 9:16 am
Notably, Justice Neil Gorsuch (who dissented sternly in Oil States) writes for a narrow 5-4 majority, over dissenting votes by Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan (all of whom joined the majority in Oil States). [read post]
10 Jul 2020, 4:36 pm
Colorado Civil Rights Commission, in which Justices Elena Kagan and Stephen Breyer concurred in Kennedy’s 7-2 decision instead of siding with their more liberal colleagues Justices Ruth Bader Ginsburg and Sonia Sotomayor in dissent. [read post]
17 Apr 2018, 2:59 pm
When South Dakota’s lawyer replied that Congress has had a quarter-century to take some action, and has not done so, Justice Elena Kagan said that just might be because the lawmakers didn’t think there was a problem that needing solving. [read post]
28 Nov 2018, 11:44 am
Fisher, Indiana solicitor general (Art Lien) Justice Elena Kagan, who sits on the other end of the bench from Gorsuch and whose views are sometimes the opposite of Gorsuch’s as well, appeared to agree. [read post]
26 Jun 2018, 1:47 pm
He says that Breyer has filed a dissent, joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan. [read post]
26 Feb 2018, 12:23 pm
Messenger pushed back even harder against the idea, suggested by Justice Elena Kagan, that the court should not overrule its decision in Abood because so many state and local governments, as well as unions, have relied on it for so long. [read post]
28 Mar 2022, 7:25 am
” Justice Elena Kagan suggested that King’s rule might be using the wrong analysis altogether. [read post]
16 Oct 2020, 12:08 pm
Justices Sonia Sotomayor and Elena Kagan endorsed this approach, noting that, in the 1991 decision California v. [read post]
30 Nov 2021, 3:22 pm
Roberts, Thomas, and Justice Elena Kagan all retuned to the issue of trying to square HHS’s definition of “entitled to” with the rest of the Medicare Act. [read post]
