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27 Feb 2018, 5:44 pm
(Justice Elena Kagan recused herself, in all likelihood because she was involved in the case while serving as U.S. solicitor general.) [read post]
3 Apr 2012, 10:08 am
Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan joined Justice Breyer’s dissent. [read post]
10 Sep 2012, 3:28 am
Complicating the situation further for the Univerity is that Elena Kagan has recused herself. [read post]
15 Jan 2022, 7:36 am
Justice Elena Kagan asked directly: What would it take to make the statute jurisdictional? [read post]
30 Apr 2010, 9:12 am
Turning to some of the “short-listed” candidates seen as likely options for a Supreme Court pick, the Huffington Post reports on current Solicitor General Elena Kagan, noting that during the Bush Administration years she endorsed several controversial Bush appointments, including those of Michael McConnell, who served on the Tenth Circuit for several years, and Federalist Society co-founder Peter Keisler, whose nominations to the Fourth and D.C. [read post]
18 Dec 2020, 11:00 am
The liberal justices’ dissent In a 20-page opinion by Justice Stephen Breyer that was joined by Justices Sonia Sotomayor and Elena Kagan, the dissenters stressed that the Trump administration had conceded that it plans to implement the memorandum if possible and that, if it does so, the challengers will be harmed. [read post]
7 Jan 2022, 1:11 pm
The Biden administration sought a stay of that order in the Supreme Court, but the justices rejected that request over the dissent of Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan. [read post]
28 Jun 2019, 1:55 pm
” In her dissenting opinion, Justice Elena Kagan argued forcefully—and the majority did not dispute—that these statements implicitly acknowledge that extreme partisan gerrymandering violates the constitution. [read post]
23 Mar 2020, 5:40 pm
He was joined by Chief Justice John Roberts and Justices Ruth Bader Ginsburg, Sonia Sotomayor, Elena Kagan, Neil Gorsuch and Brett Kavanaugh. [read post]
23 Apr 2015, 6:34 am
Affirming in both cases, Justice Elena Kagan wrote for a five-Justice majority that included Justices Anthony Kennedy, Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor. [read post]
7 Jul 2015, 3:00 am
It is not even a certainty, of course, that the other members of the court’s more liberal bloc – Justices Elena Kagan and Sonia Sotomayor – are prepared to join in forcing the issue. [read post]
10 Jan 2018, 7:12 am
Cox, acting solicitor general of Virginia (Art Lien) Justice Elena Kagan objected to Cox’s suggestion that courts could treat the curtilage differently from the home for the automobile exception, but not for reasonable expectations of privacy. [read post]
7 Apr 2017, 12:30 pm
With the exception of one of our very oldest proto-posts on the pre-Washington Post Volokh Conspiracy, posted between Elena Kagan’s nomination and confirmation (and which was actually drafted in cuneiform – let me tell you, hyperlinks were a bear in that format), Relist Watch has never known a different group of justices. [read post]
8 Dec 2015, 2:41 pm
Justice Elena Kagan made a similar point in a question for Arizona attorney general Mark Brnovich, who argued in support of the challengers. [read post]
19 Apr 2016, 12:09 pm
Kennedy, Elena Kagan, and Sonia Sotomayor. [read post]
4 Nov 2020, 9:00 pm
Justice Elena Kagan asked if the compelling state interest test applied to racial discrimination, but not to other forms of discrimination, including gender and sexual orientation discrimination. [read post]
30 Apr 2015, 6:59 am
But that reasoning met with stiff resistance on administrative law grounds from Justices Antonin Scalia, Stephen Breyer, and Elena Kagan, each of whom pointed out the tension between that approach and foundational principles governing judicial review of administrative adjudication dating back to Chenery. [read post]
24 Jan 2024, 3:12 pm
Justice Elena Kagan pressed this point throughout the oral arguments, challenging the lawyers to explain how courts could turn vague laws into clear rules. [read post]
2 Apr 2014, 8:01 pm
Justice Stephen Breyer dissented from the decision, in an opinion that was joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan. [read post]
24 Jul 2012, 6:00 am
Roberts) and Obama's two (Sonia Sotomayor and Elena Kagan). [read post]
