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27 Mar 2018, 6:05 pm
” At times, these questions engendered a somewhat metaphysical discussion of whether Section 3582(c)(2)’s reference to sentences “based on a sentencing range” turns on, in Justice Elena Kagan’s words, “questions of historical fact” as to “what you were sentenced based on” rather than “what your sentence should have been based on. [read post]
1 Jun 2015, 1:04 pm
Breyer, Ruth Bader Ginsburg, Elena Kagan, Anthony M. [read post]
25 Jan 2016, 9:26 am
Breyer, Ruth Bader Ginsburg, Elena Kagan, and Sonia Sotomayor. [read post]
1 May 2017, 9:38 am
Writing for a majority that also included Chief Justice John Roberts and Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan, Justice Stephen Breyer explained that the FHA allows anyone who “claims to have been injured by a discriminatory housing practice” to bring a lawsuit. [read post]
13 Jan 2022, 1:41 pm
Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan penned a rare joint dissent in which they complained that employees, “more than any others,” have “little control, and therefore little capacity to mitigate risk” from the spread of COVID-19. [read post]
20 Apr 2020, 11:28 am
Alito’s dissent was joined by Chief Justice John Roberts and (for the most part) Justice Elena Kagan. [read post]
25 Jun 2010, 8:24 am
It gives you a rundown of how the nomination process of our newest Supreme Court Justice, Elena Kagan, is going. [read post]
2 Jul 2012, 11:03 pm
The court ruled 6-2 against a constitutional challenge of the law with Justice Elena Kagan not taking part. [read post]
9 Jan 2018, 6:35 pm
And Justice Elena Kagan seemed perturbed by the facts of the case – specifically, that Byrd had “violated important contract terms, terms that are of some significance to the owner of the property” and was “engaged in conduct that frustrates law enforcement in various ways. [read post]
21 Jan 2020, 6:53 pm
Justice Elena Kagan invited Summa to explain why the words in the ACCA carry with them a requirement that the defendant possess a controlled substance knowingly. [read post]
24 Jan 2020, 8:29 am
(Justice Elena Kagan’s and Thomas’ concurrences in Gill v. [read post]
9 Jul 2020, 7:58 am
Chief Justice Roberts, along with Justices Ruth Bader Ginsburg, Stephen Breyer and Elena Kagan, went on to reject the DACA recipients’ claim that the decision to end DACA violated the Constitution because it was motivated by an intent to discriminate. [read post]
9 Dec 2024, 1:17 pm
” Justice Elena Kagan was also worried about the message that could be communicated by the Tennessee law “that there’s something fundamentally wrong, fundamentally bad, about youth who are … trying to transition. [read post]
21 Jun 2018, 9:15 am
Breyer, Elena Kagan and Sonia Sotomayor. [read post]
3 Dec 2023, 9:01 pm
”Responding to these developments, Justices Ketanji Brown Jackson, Elena Kagan, and Sonia Sotomayor spent 2023 criticizing their conservative colleagues for their unwillingness to scrutinize even the most egregious miscarriages of justice in death cases.For example, in Barber v. [read post]
14 Mar 2022, 8:15 am
Justices Anthony Kennedy and Stephen Breyer explained their skepticism at a 2013 House hearing, and Justice Elena Kagan — alongside Alito at the 2019 House hearing — did likewise. [read post]
16 Jan 2020, 11:48 am
” Amplifying this point, Justice Elena Kagan observed that in the federal-sector provision, Congress “enacted a very different kind of statute [from the private-sector provision,] which puts the … language that your brief primarily relies on, which is ‘based on’ or ‘because of,’ in a completely different place in the statute modifying a completely different noun. [read post]
17 Jun 2013, 1:21 pm
The Breyer opinion was joined by Justices Ruth Bader Ginsburg, Elena Kagan, Anthony M. [read post]
2 Oct 2018, 2:27 pm
Justice Ruth Bader Ginsburg suggested that the state trial court would have allowed Madison’s execution to go forward because it regarded its inquiry as limited to whether he was insane, while Justice Elena Kagan asked Govan to point to excerpts in the state court’s order to support his contention that the state court took the more expansive view of incompetency. [read post]
1 Apr 2015, 6:53 am
” Justice Sonia Sotomayor’s dissent, joined by Justices Ruth Bader Ginsburg, Elena Kagan, and Anthony Kennedy, argued that the equitable cause of action ought to be available in this case. [read post]
