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4 Apr 2023, 2:19 am by Rob Robinson
Kagan Key Development This report discusses the assassination of prominent pro-war Russian milblogger Maksim Fomin (also known as Vladlen Tatarsky) in St. [read post]
11 Jul 2011, 8:33 am by Kevin Johnson - Guest
Recusing herself, the newest Justice on the Court, Elena Kagan, did not participate in the consideration or decision in Chamber of Commerce v. [read post]
31 Dec 2010, 9:59 am by Eric Turkewitz
Since the Tea Party is a nascent and disorganized collection, I’m tossing out eight questions for those conservatives in the movement to ponder as they decide which side of the tort “reform” debate they are on… Elena Kagan In Private Practice (And Her First Amendment Experience) (6/3/10): I know, you’ve been sitting there on the edge of your seat waiting for this, ever since I discussed the serious lack of private practice work by Elena… [read post]
28 Nov 2016, 1:53 pm by Ronald Collins
Of course, that time period was shared largely by a Republican-appointed solicitor general (Paul Clement) and a Democratic-appointed solicitor general (Elena Kagan). [read post]
3 Feb 2022, 7:58 pm by Ediberto Roman
Justices Elena Kagan and Stephen Breyer are very skilled at this stratagem. [read post]
4 Jun 2018, 12:25 pm by Ilya Somin
As Justice Elena Kagan notes in her concurring opinion, there was actually an "obvious" potential basis for distinguishing the other three cases from Phillips', because the former did not involve discrimination based on sexual orientation or other legally prohibited classification. [read post]
23 Jan 2022, 6:30 am by Guest Blogger
If one is sensitive to the case made by Elena Kagan’s critique of the American style of policy-making characterized by endless litigation, then the French system is perfect because it ensures complete legal security to the policies made by the executive. [read post]
10 Apr 2025, 4:25 pm
Justice Sonia Sotomayor wrote an opinion regarding the Supreme Court’s ruling on Thursday, which was joined by Justices Elena Kagan and Ketanji Brown Jackson. [read post]
25 Aug 2018, 7:40 am by Ilya Somin
For their part, most liberal commentators thought the baker deserved to lose, but also condemned the travel ban ruling; though it is important to recognize that liberal Supreme Court justices Stephen Breyer and Elena Kagan took a consistently principled stance in voting for both the baker and the travel ban plaintiffs. [read post]
7 Apr 2025, 6:26 pm by Michael C. Dorf
Although the per curiam opinion says that going forward the government cannot remove people until they have been given notice and an opportunity to file habeas petitions, as Justice Sonia Sotomayor (joined by Justices Elena Kagan and Katanji Brown Jackson on this point) observed in dissent, the government's evasiveness and trickery in this very case suggest that it cannot be trusted to give real notice and a real opportunity to be heard before spiriting detainees away beyond… [read post]
9 Apr 2019, 6:00 am by Mark Graber
For the symposium on Neal Devins and Lawrence Baum's new book, The Company They Keep: How Partisan Divisions Came to the Supreme Court (Oxford University Press, 2019). [read post]
1 Apr 2025, 2:46 pm
Justice Elena Kagan suggested that the federal government might be reluctant to take a position “where anything Congress says goes” – that is, that there is essentially no role for courts to play in reviewing laws creating personal jurisdiction – because, among other things, there would be foreign-policy implications from “extremely broad” assertions of jurisdiction over foreign nationals, which could in turn encourage other countries to… [read post]
16 May 2018, 12:30 pm by Ilya Somin
If the Murphy ruling on commandeering really did doom federal restrictions on state taxes, I highly doubt it would have gotten the support of seven justices, ranging from conservatives like Clarence Thomas and Neil Gorsuch to liberals like Elena Kagan and Stephen Breyer. [read post]
11 Oct 2022, 11:34 am by Florian Mueller
He took senior status this year.Judge Thomas came close to a nomination for the Supreme Court: President Obama interviewed him in 2010 (but chose now-Justice Elena Kagan).The most important antitrust decision he authored was the 2020 per curiam in the NCAA case (In Re NCAA Athletic Grant-in-Aid Cap Antitrust Litig.) that the Supreme Court affirmed last year under the caption of National Collegiate Athletic Assn. v. [read post]
6 Jul 2022, 11:10 am by Michael Ehline
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]
8 Sep 2016, 11:12 am by Fred Wertheimer
Strong dissents were written in the latter three cases by Justices John Paul Stevens, Stephen Breyer, and Elena Kagan, respectively. [read post]
27 Jun 2018, 2:33 pm by Amy Howe
Fourteen years later, Kennedy joined the court’s four more liberal justices – Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan – in striking down two parts of a Texas law that had made it significantly more difficult for abortion clinics to operate in the state. [read post]
20 Jun 2019, 9:05 am by Amy Howe
” Justice Elena Kagan joined most, but not all, of Alito’s opinion. [read post]
So when Elena Kagan became the first female solicitor general, there was lots of debate about what she would wear. [read post]