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30 Oct 2017, 5:17 pm
Justice Elena Kagan then pointed out the potential problem of an unreviewable division of authority among the circuits on the question presented, but the real turning point may have been when Roberts jumped in to direct the discussion back to the merits, hinting at his assessment of the strength of the state’s jurisdictional position. [read post]
28 Jul 2021, 7:12 am
The sky did not fall: Roberts led with a question, followed by queries from Justices Elena Kagan, Neil Gorsuch, Brett Kavanaugh and Sonia Sotomayor. [read post]
7 Nov 2019, 9:03 am
Justice Elena Kagan suggested that the message to dischargers implied by the government’s position was simply to “put your pipe underground” and thereby avoid having to apply for a permit. [read post]
29 Apr 2019, 7:39 pm
In an opinion by Justice Elena Kagan, the Supreme Court “balk[ed] at using Burr to provide a governmental entity excluded from the FTCA with a replica of that statute’s discretionary function exception. [read post]
30 Mar 2011, 3:41 pm
He released a letter from eight lawyers who have served as SG since 1985 (all except now-Justice Elena Kagan) endorsing Verrilli, and another letter of praise from a bipartisan group of appellate advocates including Latham & Watkins' Maureen Mahoney, Gibson Dunn & Crutcher's Miguel Estrada, Christopher Landau from Kirkland & Ellis, Patricia Millett of Akin Gump Strauss Hauer & Feld, Sri Srinivasan of O'Melveny & Myers and Clifford Sloan of… [read post]
30 Nov 2009, 7:20 am
Elena Kagan filed a brief extensively outlining the government's views on the question, suggesting that the key law against securities fraud should sometimes apply to international dealings. [read post]
20 May 2009, 11:52 am
Related posts:The New Solicitor General and Private International Law Cases: 2008 Term Round-Up Elena Kagan, the new Solicitor General of the United States,...Recent Article Entitled “Pleading and Proving Foreign Law in Australia” James McComish, my Australian Conflict of Laws.net co-editor, has recently had published...An Early 2009 Round-Up: Significant Federal Cases Over the Past Two Months In this round-up of significant U.S.… [read post]
25 Sep 2020, 6:31 am
The high court issued a press release Sept. 19, 2020, in which Justice Elena Kagan stated: “To me, as to countless others, Ruth Bader Ginsburg was a hero. [read post]
20 Jun 2019, 9:05 pm
Justice Elena Kagan, whose plurality opinion was joined by Justices Stephen Breyer, Ruth Bader Ginsberg, and Sonia Sotomayor, cautioned the Court to exercise “wisdom and humility” in reviewing necessary government programs and noted that “if SORNA’s delegation is unconstitutional, then most of government is unconstitutional. [read post]
5 Jun 2018, 8:23 am
” Justice Elena Kagan’s concurrence underscored the parallel between protected traits: “As this Court has long held, and reaffirms today, a vendor cannot escape a public accommodations law because his religion disapproves selling a product to a group of customers, whether defined by sexual orientation, race, sex, or other protected trait. [read post]
21 Jun 2018, 9:30 pm
SEC ALJs have “significant” legal authority, Justice Elena Kagan wrote for the majority, so they are “Officers of the United States” who must be appointed by the President, courts, or heads of federal agencies under the U.S. [read post]
13 Jan 2016, 11:32 am
And Justice Elena Kagan remarked: “Our cases are pretty clear that the political branches have a great deal of power even as to particular controversies,” when they are engaged in managing foreign affairs. [read post]
16 Jul 2010, 8:57 am
(All quotations are from the justice bios at http://www.courtinfo.ca.gov/) What if the governor goes the Elena Kagan route and appoints someone with no prior judicial experience? [read post]
17 Dec 2008, 7:27 am
Left law profs will endorse, say, Professor Doug Kmiec for the Ninth Circuit when a Republican occupies the White House; Right law profs will endorse, for instance, Dean Elena Kagan for the D.C. [read post]
15 Aug 2022, 5:01 am
" Justice Elena Kagan, dissenting, pointed out that those activities "pose lesser risks" because they can enforce mask wearing, the interactions are briefer, and ventilation is better. [read post]
26 Feb 2014, 4:23 am
United States, a split decision by Justice Elena Kagan: Hell, yes! [read post]
27 Feb 2018, 12:51 pm
Breyer may have been hoping to appeal to Justices Anthony Kennedy and Elena Kagan, both of whom seemed unsatisfied with what Kennedy characterized as the stark “binary” choice facing the court. [read post]
27 Jun 2018, 3:12 pm
Small businesses do hope that Justice Elena Kagan is correct, and that the road ahead provides many opportunities for the court when it comes to restoring First Amendment protections. [read post]
4 Mar 2015, 10:43 am
Breyer, Ruth Bader Ginsburg, Elena Kagan, and Sonia Sotomayor. [read post]
28 Jun 2010, 3:25 pm
Had the Court granted review of any parts of the case, and should Justice-nominee Elena Kagan be on the Court next Term, she probably would have taken herself out of any role in the case, since she pursued the government’s appeal to the Supreme Court in her role as U.S. [read post]
