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14 Nov 2018, 7:01 am by Amanda Frost
Confirmation votes have steadily grown closer over the last 20 years: The vote to seat Justice Samuel Alito was 85-41 in 2005, and Justice Elena Kagan’s was 63-37 in 2010. [read post]
24 Jun 2023, 2:08 pm by Karen Pita Loor and Cassidy Heverling
’” Justice Sotomayor dissented, in an opinion joined by Justices Neil Gorsuch and Elena Kagan. [read post]
28 Jun 2018, 9:04 am by Eric Citron
Based on the disposition of the cases decided this term, and the unwillingness of any other members of the conservative majority to join in the opinion authored by Justice Elena Kagan in Gill v. [read post]
19 Jun 2019, 9:55 am by Adam Feldman
The more liberal coalitions included Justices David Souter, John Paul Stevens, Ruth Bader Ginsburg and Stephen Breyer until 2009, then Justice Sonia Sotomayor, Stevens, Ginsburg and Breyer in 2009, and Sotomayor, Justice Elena Kagan, Ginsburg and Breyer for the 2010 term forward. [read post]
19 May 2016, 5:30 pm by Rory Little
. $8,850) that Justice Elena Kagan had championed at oral argument, which applied the Barker factors to another delay context, in civil asset forfeiture proceedings. [read post]
6 Apr 2015, 10:56 am by Victoria Kwan
Two days later, Justices Ginsburg, Sotomayor, and Elena Kagan were back in Washington, D.C. for a Women’s History Month Reception honoring the female Justices of the Supreme Court. [read post]
30 Jun 2023, 11:24 am by Amy Howe
But in her dissent, Justice Sonia Sotomayor – in an opinion joined by Justices Elena Kagan and Ketanji Brown Jackson – called the decision “a sad day in the American constitutional law and in the lives of LGBTQ people. [read post]
25 Apr 2018, 3:42 pm by Lyle Denniston
There was a lively exchange between Justice Elena Kagan and Francisco on whether a future president who was deeply anti-Semitic could constitutionally tell his aides to set up a regime for keeping out all travelers from Israel. [read post]
31 Oct 2018, 11:34 am by Amy Howe
That assertion prompted Justice Elena Kagan to retort that, although Verrilli was arguing that the IOIA was not enacted to make sure that international organizations were treated like foreign governments, “that’s what it says! [read post]
16 May 2016, 5:31 pm
Justice Elena Kagan described this effect in her dissent from a gleefully pro-corporate decision that further expanded forced arbitration: “The monopolist gets to use its monopoly power to insist on a contract effectively depriving its victims of all legal recourse. [read post]
12 Jun 2017, 10:42 am by Amy Howe
In 2010, the court agreed to hear another case that presented the same issue, but Justice Elena Kagan was recused from that case, presumably because she had been the U.S. solicitor general when the federal government filed its brief opposing review. [read post]
25 Mar 2014, 9:01 pm by Michael C. Dorf
Even if the Court does not reach the constitutional claim directly, as Justice Elena Kagan noted during the oral argument, the Free Exercise Clause casts a shadow over any case involving RFRA because, as its name suggests, RFRA is a statute that implements a constitutional test. [read post]
6 Jan 2011, 4:08 pm by Lyle Denniston
  (At that time, the Court had one vacancy; Justice Elena Kagan had not yet joined the bench.) [read post]
16 Aug 2024, 3:46 pm by Amy Howe
Justice Sonia Sotomayor dissented, joined by Justices Elena Kagan, Neil Gorsuch, and Ketanji Brown Jackson. [read post]
15 Oct 2013, 1:22 pm by Lyle Denniston
  With Justice Elena Kagan not taking part, there are at most three votes to strike down Michigan’s ban on affirmative action in the admissions process, and very likely four votes to uphold it. [read post]
13 Sep 2019, 6:31 am by Kalvis Golde
She closed with a nod to Justice Elena Kagan’s “strong” dissent in Rucho and a declaration that “partisan gerrymandering unsettles the fundamental principle that the people elect their representatives, not vice-versa. [read post]
7 Dec 2020, 3:46 pm by Amy Howe
” Justice Elena Kagan echoed this point, telling Freiman that even if it was clear that Congress had the international law of takings in mind when it drafted the FSIA, the actual words that it used apply more broadly and seem to cover the situation in this case. [read post]
24 Jun 2024, 7:49 am by Marcia Coyle
’’ Justice Sonia Sotomayor, joined by Justice Elena Kagan, concurred in Roberts’ opinion. [read post]
4 Jul 2022, 9:00 pm by Austin Sarat
”Justice Elena Kagan, writing for the majority, said: The mandatory penalty schemes at issue here prevent the sentencer from taking account of these central considerations. [read post]
21 Mar 2022, 5:00 am by jonathanturley
” On the contrary, I asked precisely that question about Court nominees Samuel Alito, John Roberts, Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. [read post]