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21 Apr 2017, 4:36 am
Comer, a constitutional challenge to Missouri’s exclusion of a church-run preschool from a state program that provides grants to nonprofits to resurface playgrounds, noting that “Justices Elena Kagan and Stephen Breyer joined the court’s more conservative bloc in questioning whether the state could exclude the church from its grant program because it’s a religious institution. [read post]
6 Oct 2010, 9:50 am
But Justices Elena Kagan and Sonia Sotomayor appeared to go the furthest to push both lawyers to refine their arguments, and deal with larger implications of the First Amendment controversy at issue. [read post]
15 Jun 2015, 2:02 pm
In dissent, Justice Breyer, joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan, would conclude that Din “possesses the kind of ‘liberty’ interest to which the Due Process Clause grants procedural protection. [read post]
29 Nov 2022, 12:31 pm
Adherence to a “major question” doctrine is ultimately something new, as Justice Elena Kagan notes in her dissent in the case, saying, “The Court has never even used the term ‘major questions doctrine’ before. [read post]
16 Jun 2020, 4:43 am
A core group of four justices—Roberts, Anthony Kennedy, Stephen Breyer, and Elena Kagan—worked together to achieve consensus through narrow decisions and were largely successful. [read post]
19 May 2022, 9:24 am
” Justice Neil Gorsuch filed a dissenting opinion, joined by Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan. [read post]
31 May 2011, 9:29 am
All members of the Court taking part (Justice Elena Kagan was recused) agreed that, at the time of al-Kidd’s arrest and detention, it was not a clear constitutional rule that a government official acted illegally in directing subordinates to use the material-witness law in the way that Ashcroft allegedly had done. [read post]
1 May 2013, 9:54 am
One thing the two cases share in common is that Justice Elena Kagan is not participating in either one, leaving an eight-Justice Court to wrestle with the important issues. [read post]
24 Jun 2022, 6:20 am
Justice Stephen Breyer, joined by Justices Sonia Sotomayor and Elena Kagan, concluded that the court lacked jurisdiction to hear the warden’s appeal and would not have reached the All Writs Act questions. [read post]
4 Nov 2022, 1:27 pm
At the same time, as then-Professor Elena Kagan argued, presidential oversight often provides essential energy and direction for actualizing policy, especially in a world of sharp political divides. [read post]
24 Aug 2017, 9:30 pm
Farber, Professor of Law at the University of California, Berkeley, reconsidered in light of the Trump Administration a 2001 article written by then-Professor Elena Kagan—which argued that the president could direct federal regulatory decisions by administrative agencies. [read post]
23 Apr 2014, 3:23 am
(Justice Elena Kagan did not participate in the case, presumably because she was involved in it when she was the Solicitor General of the United States.) [read post]
4 Apr 2016, 10:16 am
Breyer, Elena Kagan, and Sonia Sotomayor. [read post]
9 Sep 2015, 12:17 pm
Elena Kagan emitió una opinión disidente. [read post]
20 Feb 2018, 2:40 pm
At least three justices, Samuel Alito, Sonia Sotomayor and Elena Kagan, make repeated references to the case as “odd,” presenting procedural complexities. [read post]
20 Apr 2023, 6:41 am
Justice Elena Kagan observed that instead of focusing on the core of obstruction of justice, Gannon pushed into the outer bounds of a possible offense. [read post]
5 Jul 2023, 4:24 am
No, responded Sotomayor, who was joined by Justices Elena Kagan and Ketanji Brown Jackson. [read post]
28 May 2010, 8:20 am
Since his likely successor, Solicitor General Elena Kagan, has been involved in both of the Kiyemba cases, and had advised the Court about the changed facts in Kiyemba I, she presumably would not be able to take part in any action on a new appeal by the Uighurs. [read post]
21 Mar 2011, 5:32 pm
So far, the Court has now denied review of two of the eight, and, in both cases, Justice Elena Kagan took no part. [read post]
27 Jun 2011, 9:42 am
Kennedy, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan joined the majority opinion.Justice Samuel A. [read post]
