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19 May 2022, 9:24 am by Shoba Sivaprasad Wadhia
” Justice Neil Gorsuch filed a dissenting opinion, joined by Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan. [read post]
17 May 2022, 4:06 pm
Justice Elena Kagan, writing for the 3-person dissent, said:"Repaying a candidate’s loan after he has won election cannot serve the usual purposes of a contribution: The money comes too late to aid in any of his campaign activities. [read post]
16 May 2022, 10:51 am by Amy Howe
It doesn’t matter, Roberts wrote, that Cruz made the loan so that he could bring a test case. [read post]
4 May 2022, 6:43 pm by Sabrina I. Pacifici
Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan are sure to dissent. [read post]
2 May 2022, 1:48 pm by Aaron Nielson
There is no justice today—not just Gorsuch, but Kagan, Breyer—there is no justice today that would [use that method]. [read post]
25 Apr 2022, 5:59 pm by Amy Howe
(Art Lien) Justice Samuel Alito was dubious about whether all of the facts that Katskee cited mattered to the court’s analysis. [read post]
25 Apr 2022, 4:36 pm by Amy Howe
Over the objection of Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan, the court refused to step in and put Kacsmaryk’s order on hold. [read post]
According to Kagan, there is no reason to require that both tests be met when only the Brecht test matters. [read post]
21 Apr 2022, 12:24 pm by Amy Howe
The city does not “single out any topic or subject matter for differential treatment. [read post]
20 Apr 2022, 6:57 am by Ronald Mann
Fitzgerald was a meandering exercise that shed little direct light on how the justices will dispose of this matter. [read post]
19 Apr 2022, 3:09 am by SHG
Whether that threshold showing has been satisfied is a matter committed to the substantial discretion of the trial court in light of all the circumstances, including the content and timing of the alleged statements and the reliability of the proffered evidence. [read post]
6 Apr 2022, 6:51 am by John Lewis
  As it turns out, Justices Elena Kagan and seven of her colleagues followed the “clear statutory directive” of the FAA and held that federal courts do not have subject matter jurisdiction to confirm or vacate an award under Sections 9 and 10 of the FAA. [read post]
1 Apr 2022, 12:34 pm by Stuart M. Gerson
Instead, the FAA’s authorization of a petition presupposes that the federal court must have an “independent jurisdictional basis” to resolve the matter. [read post]
31 Mar 2022, 4:19 pm by Mark J. Levin and Martin C. Bryce, Jr.
  Why force the parties to obtain relief … from a state court unfamiliar with the matter? [read post]
31 Mar 2022, 8:23 am by Adam Steinman
Justice Kagan’s majority opinion concludes that when a request to confirm or vacate an arbitral award under Sections 9 and 10 of the Federal Arbitration Act... [read post]