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7 Nov 2018, 10:43 am by Daniel Hemel
” Justice Elena Kagan picked up the textualist thread later on. [read post]
19 Apr 2016, 2:41 pm by Evan Lee
Lower federal courts had misunderstood the MCA, wrote Justice Elena Kagan for the majority. [read post]
26 Apr 2023, 12:22 pm by Amy Howe
Justice Elena Kagan outlined a scenario involving a $5,000 tax debt and a $5 million house. [read post]
11 Sep 2011, 7:08 am by Lyle Denniston
It may be that the Supreme Court will not take up any new detainee litigation until one arrives in which the newest Justice, Elena Kagan, can take part. [read post]
5 Feb 2019, 11:25 am by Derek Muller
Whitford, Justice Elena Kagan expressed her belief that Wisconsin’s map “goes over pretty much every line you can name,” but she struggled to find a limiting principle so that the Supreme Court did not “create a world in which in every district somebody can come in and say: A-ha, there’s been a violation of partisan symmetry; we’re entitled to a redrawn map. [read post]
15 Dec 2014, 4:17 pm by Rory Little
This significant reservation regarding the scope of the Court’s ruling is emphasized in footnote 1 of Justice Elena Kagan’s concurring opinion, and should not be overlooked.) [read post]
27 Feb 2019, 1:07 pm by Amy Howe
” Justice Elena Kagan repeatedly resisted the idea that the cross can have a secular meaning, telling Wall that the cross “invokes the central theological claim of Christianity that Jesus Christ, the Son of God, died on the cross for humanity’s sins and that he rose from the dead. [read post]
12 Jan 2021, 10:18 am by Gabriel Chin
But Assistant to the Solicitor General Vivek Suri, arguing for the government, acknowledged in response to a question by Justice Elena Kagan that the migrant must have notice and an opportunity to object before such a removal. [read post]
4 Oct 2022, 2:19 pm by Amy Howe
Justice Elena Kagan told LaCour that his position would be a significant change from the court’s current approach to Section 2. [read post]
23 Dec 2020, 12:16 pm by Stephen Wermiel
And in an apparent response to Gorsuch’s criticism, Roberts defended the good will of the other dissenters: Justices Stephen Breyer and Sonia Sotomayor, both of whom wrote separate dissents that were joined by Justice Elena Kagan. [read post]
2 Nov 2017, 10:44 am by Robert Yablon
Justice Elena Kagan, seconded by Justice Stephen Breyer, expressed concern that the city’s position was at odds with what they viewed as the ordinary, intuitive meaning of “tolled”:  “If I’m just any old lawyer, ‘tolled’ means one thing when it’s … referring to a statute of limitations…. [read post]
26 Apr 2021, 1:10 pm by Amy Howe
Justice Elena Kagan questioned Shaffer’s premise. [read post]
14 Dec 2010, 7:48 am by Adam Schlossman
—It is far too soon to have a sense of Elena Kagan’s judicial philosophy. [read post]
25 Mar 2019, 4:08 am by Lyle Denniston
Breyer, Ruth Bader Ginsburg, Elena Kagan, and Sonia Sotomayor – are undeniably favorable toward the challengers; Breyer and Ginsburg, in fact, have been solidly on the side of the challengers for 15 years. [read post]
5 Apr 2017, 7:10 am by Tonja Jacobi and Dylan Schweers
For example, in the 2015 term, Justice Elena Kagan was interrupted ten times or more each by Chief Justice John Roberts and by Justices Samuel Alito and Anthony Kennedy. [read post]
21 Feb 2024, 12:50 pm by Amy Howe
(William Hennessy) Justice Elena Kagan suggested that the challengers were imposing too high a bar on the EPA. [read post]
19 Apr 2013, 9:03 pm by Lyle Denniston
  The case will be heard by an eight-member Court; Justice Elena Kagan is not taking part. [read post]