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2 Mar 2020, 5:52 pm by Jennifer Chacon
Justice Elena Kagan jumped in to grapple, again, with the government’s repeated insistence in the past that the CAT deferral was not part of the final removal order. [read post]
3 Nov 2014, 10:28 am by Lyle Denniston
  That exchange caused Justice Elena Kagan (who would emerge as a strong defender of presidential prerogative) to wonder if Congress had the power to order the government to do just the contrary — that is, not make any such disclaimer on a passport. [read post]
26 Feb 2018, 2:36 pm by Mark Walsh
That is, Chief Justice John Roberts and Justices Anthony Kennedy, Clarence Thomas, and Samuel Alito leaning toward overruling Abood, and Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan speaking up in defense of agency fees. [read post]
Justice Elena Kagan brought up a point in the FDA’s brief that the Fifth Circuit’s decision, which would restrict access to mifepristone, “is the only time any court has restricted access to an FDA-approved drug by second-guessing FDA’s expert judgment about the conditions required to assure that drug’s safe use. [read post]
6 May 2020, 11:43 am by Amy Howe
Chief Justice John Roberts led the way, asking Francisco whether the exemptions didn’t go too far, and Justice Elena Kagan repeated that concern a few minutes later. [read post]
1 Mar 2016, 9:39 am by Rory Little
But Justice Alito, and later Justice Elena Kagan, both indicated that this example appeared to support the government, not Voisine. [read post]
11 May 2020, 9:01 pm by Michael C. Dorf
United States, Justice Elena Kagan hardly vindicated the erstwhile officials. [read post]
23 Oct 2020, 2:28 pm by Edward Foley
Roberts, Justice Elena Kagan and Justice Neil Gorsuch have all shown signs of principled centrist tendencies recently, to varying degrees. [read post]
28 Jun 2011, 3:32 pm
That's Justices Sotomayor, who took over -- who came on the court last year, and Justice Elena Kagan. [read post]
18 Jan 2017, 6:12 am by Ronald Mann
Though they did not display Sotomayor’s vehemence, Justices Elena Kagan and Ruth Bader Ginsburg seemed to have similar reactions. [read post]
5 Dec 2010, 5:06 pm
• Yet the most shocking of the Justices comments seemed to come from the court’s newest member, Justice Elena Kagan, who termed the first of such violent video games to be manufactured, Mortal Kombat, as “iconic”, and further claimed that many law clerks know how to play this game. [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]
3 Mar 2020, 11:07 am by Amy Howe
Justice Elena Kagan dismissed efforts by Shanmugam and Francisco to distinguish between the multimember commission in Humphrey’s Executor and the single director in this case as “simplistic. [read post]
13 Nov 2022, 9:04 pm by Michael S. Knoll
If the Constitution did not already ban slavery, Justice Elena Kagan asked, would states be able to ban products made in other states with slave labor? [read post]
8 Oct 2019, 4:54 pm by Mark Walsh
Justice Elena Kagan does just that, asserting that Bursch is making Title VII about groups instead of individuals. [read post]
28 Nov 2017, 9:48 am by Ronald Mann
” When Allyson Ho (arguing on behalf of Oil States) agreed that the PTO can correct errors, Ginsburg and Justice Elena Kagan pressed her hard on why this particular error-correction mechanism is unconstitutional. [read post]
23 Apr 2019, 2:25 pm by Mark Fenster
” Robert Loeb, representing the Argus Leader newspaper, faced pointed challenges from Justices Elena Kagan and Neil Gorsuch in his effort to defend the National Parks test. [read post]