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6 Jun 2021, 10:16 pm
Elena Kagan was solicitor general at the time — until that summer, when she was nominated to the high court. [read post]
6 Aug 2018, 9:30 pm
Justice Elena Kagan joined all of Justice Breyer’s dissent, save for one passage suggesting that courts should not treat Chevron as an inexorable command, but rather as “a rule of thumb, guiding courts in an effort to respect that leeway which Congress intended the agencies to have. [read post]
25 Sep 2009, 6:13 am
The announcement follows a letter from Solicitor General Elena Kagan to the Supreme Court, which is currently considering whether to hear an appeal by the detainees. [read post]
14 Nov 2017, 7:48 am
” Justice Elena Kagan, in a lecture at Harvard Law School, recently said that thanks to Scalia, “we are all textualists now. [read post]
22 May 2020, 1:51 pm
Justices Sonia Sotomayor and Elena Kagan were both recused from one argument apiece. [read post]
9 Nov 2022, 3:02 pm
” Justice Elena Kagan also viewed Congress’ power over Native American affairs as very broad. [read post]
19 Jul 2010, 2:20 am
The New Homogeneity: If, as seems likely, Elena Kagan’s nomination to the Supreme Court is confirmed, the Court’s make-up will, at least in certain respects, reflect unprecedented levels of diversity. [read post]
7 May 2020, 10:04 am
Justice Elena Kagan, by contrast, pushed Stewart on whether the court should view the case as one about the robocall ban, which is the only thing prohibiting speech, or about the 2015 exception, which is the only thing that creates a constitutional issue. [read post]
9 Dec 2009, 4:43 am
Respondents' Argument US Solicitor General Elena Kagan argued the case for the United States, which previously intervened in the case. [read post]
3 Oct 2017, 11:13 am
Justice Elena Kagan seemed to agree. [read post]
2 Dec 2022, 9:43 am
In West Virginia v. [read post]
28 Jun 2024, 10:51 am
Writing for herself, Elena Kagan, and Kentanji Brown Jackson, Sotomayor contends that, the majority’s legal errors aside, the Court’s “ruling reveals a far more fundamental problem: This Court’s repeated failure to appreciate that its decisions can threaten the separation of powers. [read post]
12 Dec 2014, 7:43 am
” At various points, Justices Ginsburg and Elena Kagan both expressed concern that the government’s argument meant any statute waiving sovereign immunity must be jurisdictional and not subject to tolling. [read post]
25 Jul 2019, 7:56 am
Justice Stephen Breyer dissented, joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan, claiming that the statute’s prohibition on bail hearings does not apply to aliens whom DHS detained years after their release from prison. [read post]
27 Feb 2022, 3:03 pm
ShareThree days after President Joe Biden named Judge Ketanji Brown Jackson as his nominee to succeed the retiring Justice Stephen Breyer, Breyer and his colleagues will return to the bench on Monday morning to hear oral argument in a case involving the Environmental Protection Agency’s authority to regulate greenhouse gases. [read post]
21 Jul 2020, 7:00 am
Compare his 15 with the total number of such opinions written by Justices Stephen Breyer, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan (9), or the total for Justices Antonin Scalia, Clarence Thomas and Samuel Alito (15), or even the total for Justice Anthony Kennedy alone (7). [read post]
1 Nov 2017, 4:26 am
When Geyser tried to press the easy propriety of clear-error review for determinations of arm’s-length status, Justice Elena Kagan interrupted him to point out that “it’s not really the legal test according to the Ninth Circuit, right, because the Ninth Circuit has the arm’s-length component of its legal test, but it also has this question whether the closeness of the relationship with the debtor is comparable to that of the enumerated insider… [read post]
11 May 2020, 3:41 pm
” Justice Elena Kagan fired a series of hypotheticals at Rassbach, ranging from a math teacher who teaches “something about Judaism for ten minutes a week” to a nurse at a Catholic hospital who prays with sick patients and an employee at a soup kitchen who leads grace before meals. [read post]
27 Mar 2012, 4:14 pm
The first came from Justice Elena Kagan, who asked Carvin whether he might have an easier argument if he weren’t arguing that the mandate is always unconstitutional, but instead that the mandate is at least unconstitutional as it applies to specific people (for example, Christian Scientists) who clearly were not going to be a part of the health care market and, by declining to buy insurance, would not incur health care costs that would be shifted to the rest of us. [read post]
17 Jan 2012, 7:14 am
There was a new indication in the orders list that Justice Elena Kagan may not participate in at least some of the new round of cases challenging ongoing detention at the U.S. military prison at Guantanamo Bay, Cuba. [read post]