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10 Aug 2022, 3:02 pm
But, as the authors point out, the result is at odds with perceptions that originalism is rapidly gaining ground in the intellectual world, and with Justice Elena Kagan's famous statement that "we are all originalists. [read post]
10 Aug 2022, 12:00 pm
“Elena Kagan’s Disavowal of Textualism Came Way Too Late; Many liberals — Supreme Court justices and otherwise — have lost sight of what textualism was created to do: reach conservative policy outcomes. [read post]
7 Aug 2022, 4:00 am
8/7/2010: Justice Elena Kagan takes oath. [read post]
5 Aug 2022, 5:01 am
To begin with, as noted in Justice Elena Kagan’s acid dissent, the Court chose to shove a phantom issue into its crowded docket. [read post]
4 Aug 2022, 4:00 am
He would appoint two Justices to the Supreme Court: Sonia Sotomayor and Elena Kagan. [read post]
3 Aug 2022, 6:43 am
Supreme Court to protect affirmative action (Karen Sloan, Reuters) Justice Elena Kagan has a prescription for an ailing Supreme Court (Jessica Levinson, MSNBC) The post The morning read for Wednesday, Aug. 3 appeared first on SCOTUSblog. [read post]
2 Aug 2022, 10:11 am
“Justice Elena Kagan has a prescription for an ailing Supreme Court; We are no longer nearing a crisis in confidence regarding the Supreme Court — we are already there”: Law professor Jessica Levinson has this essay online at MSNBC. [read post]
2 Aug 2022, 8:25 am
The poll comes after the surprising comments of Justice Elena Kagan that the Court may be losing legitimacy by bucking public opinion on issues like abortion. [read post]
2 Aug 2022, 6:30 am
For that matter, Justices Breyer, Kagan, and Sotomayor, as well as Justice Brown Jackson (while a federal judge), use those canons with increasing frequency in statutory interpretation cases as well.[17]Recognizing that fact, Justice Elena Kagan and a leading nontextualist scholar of statutory interpretation, Professor William Eskridge, have quipped, “[w]e’re all textualists now” (well, before walking that statement back in dissent to this past… [read post]
29 Jul 2022, 7:37 am
Those available include Samuel Alito, Stephen Breyer, Neil Gorsuch, Elena Kagan, Brett Kavanaugh, Anthony Kennedy, Thurgood Marshall, Sandra Day O’Connor, William Rehnquist, John Roberts, Antonin Scalia, Sonia Sotomayor, David Souter, John Paul Stevens, Clarence Thomas, and Earl Warren. [read post]
24 Jul 2022, 9:05 pm
In her dissenting opinion, Justice Elena Kagan argued that Congress’s use of the word “system” suggested that Congress contemplated approaches such as generation shifting to limit emissions. [read post]
24 Jul 2022, 3:00 pm
" The post Justice Elena Kagan: SCOTUS Losing ‘All Connection … With Public Sentiment’ Is ‘Dangerous’ for America first appeared on Le·gal In·sur·rec·tion. [read post]
23 Jul 2022, 9:51 am
Elena Kagan shared an episode of Lawfare No Bull which featured audio from the Jan. 6 committee’s eighth public hearing: Jen Patja Howell shared an episode of the Lawfare Podcast in which Wittes, Orpett, Jurecic, Molly Reynolds, and David Priess discussed the Jan. 6 committee’s eighth public hearing. [read post]
23 Jul 2022, 4:05 am
Justices Amy Coney Barrett, Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson dissented from the majority. [read post]
22 Jul 2022, 5:14 pm
“Justice Elena Kagan on Public Confidence in Supreme Court”: C-SPAN has posted online this video of Justice Elena Kagan’s appearance yesterday at the Ninth Circuit’s Judicial Conference. [read post]
22 Jul 2022, 1:29 pm
Supreme Court Justice Elena Kagan told the 9th Circuit Judicial Conference on Thursday that it’s up to the court itself to restore flagging public approval by acting differently. [read post]
22 Jul 2022, 7:27 am
Supreme Court Justice Elena Kagan made a curious and concerning comment this week about how the Supreme Court’s legitimacy depends on the consistency of its judicial opinions with public opinion. [read post]
Divided court declines to reinstate Biden’s immigration guidelines, sets case for argument this fall
21 Jul 2022, 5:47 pm
Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett, and Ketanji Brown Jackson indicated that they would have granted the request. [read post]
21 Jul 2022, 9:10 am
(Clarence Thomas, John Roberts, Samuel Alito, Sonia Sotomayor and Elena Kagan). [read post]
21 Jul 2022, 6:45 am
Gans, The Atlantic) The end of affirmative action at colleges could be a good thing (David Von Drehle, The Washington Post) Elena Kagan’s Valid Critique of the Supreme Court’s ‘Shadow Docket’ (Damon Root, Reason) U.S. [read post]
