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1 Feb 2012, 7:34 am by Amy Howe
The conventional wisdom holds that the most junior Justice on the Court – currently Justice Elena Kagan, now in her second Term – gets stuck with the opinions that no one else wants to write. [read post]
21 Mar 2017, 10:55 am by Miriam Seifter
Justice Elena Kagan asked why the court shouldn’t look at all of state law, not just lot lines, in defining the denominator. [read post]
31 Oct 2012, 1:06 pm by Lyle Denniston
.” Garre was then subjected to sustained tough questioning by liberal Justices, stressing their perception that what had happened at Jardines’ home was not just a fleeting smell sweep by the dog Franky, but — as Justice Elena Kagan put it — “a lengthy and obtrusive process.” Garre tried a digression, arguing that the air conditioners at Jardines’ house were pushing out the smell of marijuana from inside the house, so anyone coming up close… [read post]
27 Jun 2016, 12:48 pm by Mark Walsh
When the Justices take the bench, the Chief Justice announces that Justice Elena Kagan has the opinion in Voisine v. [read post]
28 Mar 2022, 9:01 pm by Michael C. Dorf
Nominees deploy what then-Professor Elena Kagan called a “pincer movement,” declining to answer specific questions because doing so supposedly “might forecast a vote and thus contravene the norm of judicial impartiality,” but also refusing to answer general questions because judges deal in concrete cases, not hypotheticals or abstractions. [read post]
24 Apr 2018, 10:41 am by Susan Klein
Coberly struggled to answer the question put to him by Justice Sonia Sotomayor, Chief Justice John Roberts, and Justices Samuel Alito, Stephen Breyer, and finally Elena Kagan: “[W]hat explanation would have sufficed? [read post]
29 Mar 2022, 6:00 am by Josh Blackman
Even Justice Elena Kagan said "we are all originalists now. [read post]
19 Nov 2020, 9:30 pm by Katie Bart
Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan dissented and would have left the injunction in place. [read post]
10 Jun 2019, 1:40 pm by Mark Walsh
Sotomayor, it turns out, is part of an unusual lineup, joining with the court’s more conservative members in this outcome, while Breyer has written the dissent, joined by Ginsburg and Justice Elena Kagan. [read post]
17 Jul 2019, 1:00 pm by Katie Bart
Justice Elena Kagan: I was honored to succeed Justice John Paul Stevens on the Court, and his extraordinary tenure has inspired me ever since. [read post]
21 May 2010, 12:07 pm by Erin Miller
There has been much talk about Justice Stevens’ ability to influence Justice Kennedy, and whether and to what degree it will be missed if and when Elena Kagan replaces him on the Court. [read post]
18 Oct 2009, 9:01 pm by KC Johnson
In her brief, Solicitor General Elena Kagan also argues for reversal of the lower-court rulings on the grounds that the Supreme Court “has never said that a prosecutor can be liable for actions at trial, simply because they relate back to earlier conduct at the investigatory stage (i.e., before probable cause is established). [read post]
17 Mar 2023, 9:52 am by Ilya Somin
EPA strikes me as a tougher case; Justice Elena Kagan's dissent makes a strong argument that the text of that statute is clear enough to satisfy MQD requirements. [read post]
28 Jun 2024, 4:15 am by David Lynn
” “The constitutionality of hundreds of statutes may now be in peril, and dozens of agencies could be stripped of their power to enforce laws enacted by Congress,” Sotomayor warned in her opinion, joined by Justices Elena Kagan and Ketanji Brown Jackson. [read post]
9 Jul 2020, 3:53 am by Edith Roberts
” James Phillips at PrawfsBlawg explores the “warring views” on the religion clauses revealed by Justice Elena Kagan’s approach to the two cases. [read post]
11 Sep 2015, 12:32 pm by Melissa Hart
  First, as was true the first time around, Justice Elena Kagan is recused from this case, presumably because of her work on it when she was the Solicitor General. [read post]
29 Apr 2015, 1:08 pm by Amy Howe
  Although the Court added that “it is the rare case” in which the state can make such a showing, the Chief Justice and Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan concluded that the Florida Bar had managed to do so. [read post]