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27 Jul 2021, 9:02 pm
As Justice Stephen Breyer stressed in a dissent joined by Justice Sonia Sotomayor and Justice Elena Kagan, the regulation did not grant the government any right to exclude; it only partially restricted the growers’ exclusionary authority. [read post]
13 Sep 2013, 2:21 pm
Justice Elena Kagan has proven herself to be very strategically effective, rarely dissenting and largely able to align herself with other Justices, and a skilled writer as well. [read post]
15 Oct 2013, 6:49 pm
(Justice Clarence Thomas did not ask any questions in the oral argument as usual, and Justice Elena Kagan is recused from the case so she did not participate, presumably because she was involved in the case when she was the Solicitor General of the United States.) [read post]
24 Jun 2014, 9:30 pm
This created what Justice Elena Kagan called during oral argument “a conundrum” for the EPA. [read post]
15 Oct 2014, 10:30 am
Justice Elena Kagan moved in to suggest to Phillips that Rule 52, ordering appeals courts to defer to trial judges’ factual conclusions, was “a very blanket rule. [read post]
18 Nov 2012, 9:30 pm
Congress implicitly authorizes this oversight when it delegates power to an executive agency rather than an independent agency (a theory popularized by Supreme Court Justice Elena Kagan)3. [read post]
14 Oct 2022, 6:50 pm
Justice Elena Kagan put it most bluntly when she explained that under Martinez’s argument there may be nothing left to the original author for derivative works. [read post]
24 Mar 2022, 6:02 am
” It did not matter that 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]
27 Apr 2022, 11:48 am
Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan appeared to line up behind Nance. [read post]
4 Jun 2012, 9:55 am
.” Justice Elena Kagan took no part in the case, apparently because of her prior role as U.S. [read post]
23 Apr 2020, 4:09 pm
Perhaps the most striking feature of Justice Stephen Breyer’s opinion for the majority – which drew the votes of Chief Justice John Roberts and Justice Brett Kavanaugh, as well as those of Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan – is its interpretive method. [read post]
26 Jun 2015, 1:29 pm
Justice Kennedy’s opinion in Obergefell, joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan, begins with a fundamental rights analysis, befitting the importance Kennedy attaches to marriage as an institution critical to society and a “building block of our national community. [read post]
2 Nov 2009, 7:11 am
There is no timetable for the Solicitor General to respond on any of the four cases, although SG Elena Kagan lately has been filing quite prompt responses to such invitations. [read post]
3 Jun 2021, 2:01 pm
For Barrett, that reality “underscores the implausibility of the Government’s interpretation,” which provides (in words Justice Elena Kagan coined in an earlier case) “extra icing on a cake already frosted. [read post]
27 Dec 2022, 3:44 pm
” Justices Sonia Sotomayor and Elena Kagan indicated that they, too, would have allowed Sullivan’s ruling to remain in effect, but they did not join Gorsuch’s dissent. [read post]
6 Aug 2011, 6:09 pm
... pay-tv providers hurt by rise of free internet porn: "Porn Doesn't Sell Like It Used To" http://flpbd.it/jglL scott adams on the benefits of boredom: "The heady thrill of having nothing to do" http://on.wsj.com/rdZs9a from @Wired: "The Future of the Black Box Flight Recorder Explored" http://flpbd.it/MFA3 a good piece on chinese internet colossus tencent: "March of the Penguins" http://flpbd.it/oqe3 good piece from jeffrey rosen: "Strong… [read post]
22 Aug 2024, 6:00 am
Justice Sonia Sotomayor authored a dissent, which was joined by Justices Elena Kagan and Ketanji Brown Jackson. [read post]
7 Dec 2023, 9:05 pm
“It could not have been clearer that what they were saying [in Atlas Roofing] was that the Seventh Amendment was no bar to Congress making a decision that certain kinds of claims were best adjudicated in administrative agencies,” Justice Elena Kagan said during oral arguments on Jarkesy last week. [read post]
15 Jan 2021, 11:44 pm
Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan indicated that they would not have permitted the execution to go forward. [read post]
28 Mar 2018, 3:10 pm
Justice Elena Kagan asked meaningfully: “How much more evidence of political intent do we need? [read post]
