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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]
22 Jun 2018, 12:35 pm
In an opinion written by Justice Elena Kagan, the court concluded that the SEC’s ALJs are “officers of the United States” who must be appointed by “the President, a court of law, or a head of department” — not by staff. [read post]
1 Jun 2016, 10:48 am
” Justice Elena Kagan’s concurrence noted that for her, the MOA “is central to the disposition of the case,” because it provides the requisite legal consequence. [read post]
3 Oct 2023, 2:33 pm
Justice Elena Kagan questioned the premises underlying Francisco’s argument. [read post]
8 Jan 2019, 6:32 am
Justice Elena Kagan distilled the inquiry “down to what was [Merck’s] proposal, what was [the FDA’s] response, were you both talking about the same things? [read post]
10 May 2010, 4:51 am
And then we learned that the rumors are true and Elena Kagan is to be nominated to the Supreme Court in the morning.Kagan is, by all accounts, smart. [read post]
3 Apr 2019, 10:08 am
In both Nielsen and Bucklew, the Supreme Court split along ideological lines with Roberts, Alito, Thomas, Gorsuch and Kavanaugh in the majority, and Justices Elena Kagan, Ginsburg, Sotomayor and Breyer in dissent. [read post]
4 Mar 2020, 6:33 am
Justice Elena Kagan posed a more basic question: Why can’t an asylum seeker get a hearing to prove whether he or she is eligible for asylum? [read post]
6 Dec 2018, 9:57 am
Justices Samuel Alito and Elena Kagan pursued a line of questioning that could, in principle, lead to a fundamental re-examination of a cornerstone of administrative law: the substantial-evidence standard. [read post]
23 Jun 2014, 1:15 pm
Roberts Jr. indicates that Justice Elena Kagan has the first opinion, in Loughrin v. [read post]
22 Apr 2015, 12:11 pm
Justices Elena Kagan and Ruth Bader Ginsburg too asked questions seeking guidance: how could Congress write a better statute? [read post]
27 Apr 2015, 1:34 pm
Later in the argument, Justice Elena Kagan appeared to echo that second line of attack. [read post]
3 Mar 2022, 6:51 am
Justice Elena Kagan followed that all law-enforcement officers do what is necessary in a situation, sometimes performing functions beyond their “wheelhouse. [read post]
13 Sep 2010, 1:20 am
Kagan Recuses in 10 More Cases The National Law Journal Supreme Court Justice Elena Kagan last week recused herself in 10 cases that will be argued in the term beginning Oct. 4, bringing to 21 the number of cases in which she will not participate. [read post]
5 Jun 2018, 12:48 pm
Justices Elena Kagan and Stephen Breyer joined the opinion in full, even though they immediately tried to qualify it in a separate opinion. [read post]
5 May 2020, 7:57 am
Justices Sonia Sotomayor, Elena Kagan, Neil Gorsuch and Brett Kavanaugh all indicated that they were reluctant to adopt either side’s bright-line rule, and invited the advocates to propose a middle ground. [read post]
21 Feb 2018, 8:24 am
Justice Elena Kagan identified the different strands of double jeopardy protection – protection of the finality of an acquittal and protection against multiple trials – and suggested that although a defendant’s agreement to multiple trials might be inconsistent with objecting to multiple trials after a conviction, that consent is not inconsistent with invoking the preclusive effect of an acquittal at the first proceeding. [read post]
30 Mar 2022, 11:16 am
Justice Elena Kagan asked why there were “two separate buckets” for cases governing the elimination of state sovereign immunity. [read post]
8 Jul 2020, 9:54 am
” Justice Elena Kagan filed an opinion, joined by Justice Stephen Breyer, in which she agreed with the result that the majority reached, but not with its reasoning. [read post]
14 Jul 2024, 9:06 pm
Even better, despite upholding flexible funding arrangements in this instance, the Court’s reasoning could support recognizing important limits on executive unilateralism in the future—particularly if courts and other interpreters follow Justice Elena Kagan’s four-justice concurring opinion in looking to historical practice as a key interpretive authority. [read post]
