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8 Nov 2011, 1:51 pm by Lyle Denniston
   As her argument was winding down, Justice Elena Kagan leaned forward and asked: “Ms. [read post]
10 Oct 2018, 10:44 am by Adam Feldman
Roberts, Justice Samuel Alito and Sotomayor show little change from their first 50 votes; much more change is evident from Breyer, Ginsburg, Justice Elena Kagan and Thomas. [read post]
27 Jun 2019, 11:19 am by Corbin K. Barthold and Cory L. Andrews
Justice Elena Kagan (joined by Chief Justice John Roberts and Justices Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor), refuses to overrule Auer. [read post]
4 Apr 2017, 8:10 am by Stephen Wermiel
Schumer has insisted that it has become the norm for Supreme Court nominees to get at least 60 votes, citing the confirmations of Chief Justice John Roberts and Justices Samuel Alito, Sonia Sotomayor and Elena Kagan. [read post]
29 Jul 2019, 8:24 am by Edmund LaCour
The Supreme Court, in a 5-3 decision authored by Justice Elena Kagan (and joined by Chief Justice John Roberts and Ginsburg, Breyer and Sotomayor) ruled for Madison on that narrow ground. [read post]
20 Jun 2016, 6:35 pm by Orin Kerr
As Justice Elena Kagan noted in her dissent, this played out just as you would expect. [read post]
30 Jun 2011, 3:08 pm by Lyle Denniston
Solicitor General Elena Kagan had suggested be done. [read post]
24 Apr 2018, 11:33 am by Jennifer Chacon
When pressed by Justices Elena Kagan and Ruth Bader Ginsburg on this point throughout the argument, Zimmer insisted that all of the statutorily-detailed components of the NTA in Section 1229(a)(1) needed to be in the NTA, although he noted that, as a practical matter, the elements that are most likely to be at issue are the time and date of the hearing and the grounds of removal charged by the government. [read post]
4 Aug 2020, 9:01 pm by Michael C. Dorf
Judges and justices say that an opinion “won’t write” the way they set out to write it.Biskupic also discusses the possibility that Justice Elena Kagan worked Justice Gorsuch to turn him (and the Chief Justice) around on the transgender case, but to the extent that is true, it  is wholly unobjectionable. [read post]
29 Oct 2020, 9:05 pm by Alana Sheppard
In dissent, Justice Elena Kagan underscored the heightened need for mail-in ballots due to the coronavirus pandemic and, as a result, the importance of ensuring mail-in ballots are counted. [read post]
2 Dec 2020, 2:37 pm by Blaine Saito
Both Justices Elena Kagan and Amy Coney Barrett suggested collapsing the test into a single inquiry deriving from South Carolina v. [read post]
23 May 2017, 1:43 pm by Hans von Spakovsky
” As Justice Elena Kagan points out in the majority opinion in Cooper, a second iteration of the Shaw case in 1996 established that compliance with the Voting Rights Act is considered to be a compelling interest. [read post]
27 Mar 2019, 2:45 pm by Sandi Zellmer
” Justice Elena Kagan, writing for the court, went into detail about the unusual circumstances surrounding the admission of “Seward’s Folly” to the union in 1959, and the compromises that were forged between the United States and Alaska. [read post]
19 Jun 2017, 12:47 pm by Mark Walsh
He means the liberal versus conservative blocs, and in this case it is Justice Anthony Kennedy joining him and Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan, while the newly constituted conservative bloc of Roberts and Justices Alito, Clarence Thomas, and Gorsuch are in the minority. [read post]
3 Dec 2024, 1:30 pm by Amy Howe
Justice Elena Kagan suggested that their interpretation would provide a “roadmap” to evade liability under the expropriation exception. [read post]
24 Jun 2021, 11:58 am by George Quillin and Jeanne Gills
This part of his opinion was officially joined only by Alito, Kavanaugh and Barrett, but in a separate opinion, Justice Stephen Breyer (joined by Justices Sonia Sotomayor and Elena Kagan) indicated agreement with Roberts’ reasoning on the remedy, thereby providing seven total votes for the remedial holding. [read post]
29 Nov 2017, 8:42 am by Theresa Gabaldon
Justice Elena Kagan suggested that it seemed odd that those fired for reporting only internally would, under the plain-language approach, still have a remedy if they had reported a completely unrelated matter to the commission at some time in the distant past. [read post]
7 May 2009, 1:02 pm
Elena Kagan just took office a few weeks ago), the president's campaign pledge last year to repeal the policy and replace it with a non-discrimination policy, and the pendency of another case presenting similar -- but not identical -- issues in the 9th Circuit. [read post]