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11 Oct 2022, 6:52 pm
Sotomayor dissented from the ruling, in a 14-page opinion joined by Jackson and Justice Elena Kagan. [read post]
11 Oct 2022, 3:24 pm
Justice Elena Kagan seemed inclined to agree with Reed that the statute of limitations begins to run with the denial of rehearing. [read post]
11 Oct 2022, 2:20 pm
But on the other hand, several justices worried aloud that allowing Proposition 12 to stand would prompt other states to deploy their own laws to air what Justice Elena Kagan called “policy disputes” – leading to a scenario, Kagan cautioned, in which states are “constantly at each other’s throats. [read post]
11 Oct 2022, 11:34 am
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]
11 Oct 2022, 9:37 am
In many cases, it was obvious that the past legal views of nominees like Elena Kagan or Amy Coney Barrett would push them to different sides on issues like abortion. [read post]
9 Oct 2022, 9:04 pm
In dissent, Justices Breyer, Sonia Sotomayor, and Elena Kagan observed that Roe and its precedents allowed states to “prohibit abortions after fetal viability, so long as the ban contained exceptions to safeguard a woman’s life or health. [read post]
7 Oct 2022, 5:09 am
Chief Justice John Roberts Jr. dissented as did Justices Elena Kagan, Stephen Breyer, and Sonia Sotomayor. [read post]
5 Oct 2022, 5:20 pm
Justice Elena Kagan asked the government’s lawyer, Assistant to the Solicitor General Sopan Joshi, whether statutes need to have specific or magic language or whether a statute of limitation can be functional without special words, as discussed in Lozano v. [read post]
4 Oct 2022, 2:19 pm
Justice Elena Kagan told LaCour that his position would be a significant change from the court’s current approach to Section 2. [read post]
4 Oct 2022, 1:22 pm
” Justices Ketanji Brown Jackson and Elena Kagan asked Merrill to justify why VRA compliance should be solely based on intent, instead of also examining the end result. [read post]
4 Oct 2022, 12:54 pm
” John Fritze of USA Today reports that “Supreme Court delves into Alabama brawl over race, redistricting and Voting Rights Act; Alabama’s position drew a sustained attack from the court’s liberal wing, especially Associate Justices Elena Kagan and Ketanji Brown Jackson. [read post]
3 Oct 2022, 9:01 pm
At a recent event in New York, Justice Elena Kagan reportedly expressed some reservations about doctrinal changes that are attributable to the arrival of new Justices who change the makeup of the Court. [read post]
3 Oct 2022, 6:53 pm
Justices Sonia Sotomayor and Elena Kagan are wearing masks today. [read post]
3 Oct 2022, 11:47 am
Justice Elena Kagan asked Schiff whether there was a middle ground that would take into account the existing rules allowing the CWA to apply to wetlands even when they are separated from “navigable waters” from barriers like berms and levees, while at the same time addressing the Sacketts’ concerns about the “significant nexus” test. [read post]
3 Oct 2022, 7:37 am
The post “Justice Elena Kagan, in Dissent; What to do about the loss of trust in the Supreme Court” appeared first on How Appealing. [read post]
3 Oct 2022, 4:00 am
While Roberts and Justice Brett Kavanaugh voted most often together (95 percent of the time), Justice Elena Kagan voted almost half of the time (48 percent) with Roberts. [read post]
2 Oct 2022, 4:00 pm
” To paraphrase Justice Elena Kagan, we’re all Thomists now. [read post]
2 Oct 2022, 11:50 am
Justice Elena Kagan, in an opinion joined by Justices Stephen Breyer and Sonia Sotomayor, dissented from that ruling – which, she wrote, “forces black Alabamians to suffer what under” the Voting Rights Act “is clear vote dilution. [read post]
30 Sep 2022, 1:33 pm
Elena Kagan, then the solicitor general, answers a question from Chief Justice John Roberts during the re-argument of Citizens United v. [read post]
30 Sep 2022, 5:21 am
As Justice Elena Kagan once explained a center justice helped to make the court appear apolitical. [read post]
