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19 Apr 2018, 9:06 am
” Because the statute was clearly written with an individual defendant in mind, Justice Elena Kagan noted, its application is particularly difficult in cases involving a corporate defendant. [read post]
16 Jul 2018, 9:30 pm
Justice Elena Kagan’s concurrence in Gill attempted to draw out a roadmap for how to handle these gerrymandering challenges on a district-specific basis through examination of whether packing or cracking affected their voting. [read post]
15 Jan 2020, 1:27 pm
The vote in Trinity Lutheran was not a particularly close one: Justice Elena Kagan joined Chief Justice John Roberts’ majority opinion in full, while another of the court’s more liberal justices, Stephen Breyer, agreed with the result in the case. [read post]
3 Mar 2015, 2:15 pm
” As Justices Elena Kagan and Sonia Sotomayor quickly pointed out, though, applying AEDPA to the harmlessness of a state court’s error, as opposed to the error itself, would confer that much more deference upon state courts, because even the most egregious trial-court errors could be sanitized on appeal through harmless error determinations that could only be overturned if the harmlessness of that particular error was itself expressly contraindicated by clearly… [read post]
7 Jul 2021, 8:10 am
The majority opinion, as Justice Elena Kagan’s brilliant and searing dissent put it, “is mostly a law-free zone. [read post]
8 Nov 2011, 8:24 am
Justices Sonia Sotomayor and Elena Kagan said they wanted the court to hear the appeal, saying the death sentence was “marred by racial overtones and a record compromised by misleading remarks and omissions. [read post]
5 Apr 2010, 6:49 am
” Greg Stohr of Bloomberg reported that the Obama administration “is focusing on three candidates” – Solicitor General Elena Kagan, Judge Merrick Garland of the D.C. [read post]
7 Apr 2022, 12:43 pm
In contrast, some of Jackson’s other colleagues-to-be received more bipartisan support: Justice Elena Kagan, for example, was confirmed by a vote of 63-37 in 2010, while Chief Justice John Roberts was confirmed by a vote of 78-22 in 2005. [read post]
3 Oct 2022, 4:00 am
While Roberts and Justice Brett Kavanaugh voted most often together (95 percent of the time), Justice Elena Kagan voted almost half of the time (48 percent) with Roberts. [read post]
25 Jan 2021, 6:41 am
Dissent Justice Stephen Breyer authored a dissenting opinion, which was joined by Justices Sonia Sotomayor and Elena Kagan. [read post]
10 Dec 2010, 2:23 pm
The cases will be heard together for one hour; Justice Elena Kagan will not take part; she was recused from the order granting review. [read post]
21 May 2025, 6:03 am
I recently wrote about public commentary by Justices Sonia Sotomayor and Elena Kagan that created distractions this month in cases before the Supreme Court. [read post]
6 Aug 2024, 9:00 pm
In that opinion, speaking for Chief Justice John Roberts and Associate Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan, he ruled that “when an employer fires an individual for being homosexual or transgender it is a violation under Title VII of the Civil Rights Act of 1964. [read post]
6 Jul 2023, 9:05 pm
” Justice Elena Kagan, writing in dissent, criticized the Court’s “cardinal error” of ignoring language in the HEROES Act explicitly authorizing the administration to waive, as well as modify, the regulations at issue. [read post]
27 Apr 2018, 4:26 am
” At CNN, Joan Biskupic observes that “[a]s much as the justices invoked hypotheticals featuring made-up out of control candidates, or as Justice Elena Kagan put it, ‘an out-of-the-box kind of president,’ the justices also had in mind future real presidents and the power of the office. [read post]
27 Mar 2018, 7:52 am
” In the same vein, Justice Elena Kagan commented that “the whole theory of American Pipe was that for any given individual, we weren’t going to make them come forward; we were going to say reliance on a class action is sufficient. [read post]
11 Oct 2022, 9:37 am
In many cases, it was obvious that the past legal views of nominees like Elena Kagan or Amy Coney Barrett would push them to different sides on issues like abortion. [read post]
10 May 2010, 9:32 am
No, this is not about Elena Kagan (I'll get to her). [read post]
20 Dec 2011, 4:54 am
Congress wishes to pass the Elena Kagan Memorial Eat Your Vegetables Law? [read post]
15 Sep 2010, 2:50 am
During Elena Kagan’s Supreme Court confirmation hearing, questions were raised in the conservative press and the right-wing blogosphere about her role in establishing a programme on Islamic finance at Harvard (see web ad here). [read post]
