Search for: "Elena Kagan"
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29 Mar 2012, 2:26 pm
No wonder Justice Elena Kagan called Scalia’s approach a “revolution in our severability law. [read post]
13 Apr 2010, 11:16 am
Those considered "moderately liberal" are Elena Kagan, former dean of Harvard Law School and now Solicitor General of the United States; Janet Napolitano, former governor and attorney general of Arizona and now secretary of the Department of Homeland Security, and Judge Merrick Garland, who sits on the federal appellate court in Washington D.C. and is former federal prosecutor.Those three probably would have little trouble being confirmed, although everything is… [read post]
14 Mar 2021, 9:12 pm
’” Whereas Justice Stephen Breyer simply stated that he would deny the application, Justice Sonia Sotomayor wrote a 12-page dissent, joined by Justice Elena Kagan, excoriating the majority for its “callous” decision that forces patients to expose themselves and others to COVID-19 for no medical benefit. [read post]
28 Jan 2011, 11:19 am
Justice Elena Kagan did not participate in the case. [read post]
18 Apr 2016, 11:17 am
Breyer, Ruth Bader Ginsburg, Elena Kagan, and Sonia Sotomayor highlighted the potentially decisive significance of the constitutional question about when state governments may sue the federal government because of a disagreement over federal policy. [read post]
29 Jun 2015, 9:40 am
Justice Elena Kagan is again not taking part, probably because she was serving in the Obama administration when it was involved in the Texas case earlier. [read post]
25 Mar 2015, 2:28 pm
., and Justices Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor. [read post]
14 Aug 2020, 10:44 am
If, on the other hand, Ginsburg were to retire with a Democratic president in office, her seat would likely be filled by a justice who aligns most closely with Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan. [read post]
6 Jun 2023, 8:29 am
” Justice Elena Kagan spoke to this concern in her concurrence, stating: “in ordinary language, one thing is adjacent to another not only when it is touching, but also when it is nearby. [read post]
24 May 2019, 2:00 am
Dissent in Franchise Tax Board of California v Hyatt Justice Stephen Breyer wrote a dissent, which Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan joined. [read post]
27 Apr 2016, 10:35 am
Justices Ginsburg and Elena Kagan spent most of their time trying to work their way through the specifics of the evidence in the case, but there was little in their remarks that would please prosecutors using such evidence to prove illegal bribery or corruption. [read post]
23 Jan 2012, 7:17 am
In a separate opinion, written by Justice Samuel Alito, and joined by Justices Ruth Bader Ginsburg, Stephen Breyer and Elena Kagan, Alito wrote that Scalia’s opinion was “unwise” and said it should have examined “whether respondent’s reasonable expectations of privacy were violated by the long-term monitoring of the movements of the vehicle he drove.” “For these reasons, I conclude that the lengthy monitoring that occurred in this case… [read post]
5 Jun 2018, 4:11 am
” Additional commentary comes from Michael Dorf at his eponymous blog, Robert George in an op-ed for The New York Times, the editorial board of The Washington Post, Rick Hills at PrawfsBlawg, Ian Millhiser at ThinkProgress, Jennifer Rubin in an op-ed for The Washington Post, Erica Goldberg at PrawfsBlawg, Jennifer Finney Boylan in an op-ed for The New York Times, Noah Feldman in an op-ed for Bloomberg, Lisa Keen at Keen News Service, Michael Farris at National Review, Mark Joseph Stern at… [read post]
17 Jul 2022, 9:05 pm
After poking fun at the complexity of the issue, Justice Elena Kagan wrote the majority opinion—joined by Justices Clarence Thomas, Sonia Sotomayor, Amy Coney Barrett, and Kavanaugh—that held that the HHS rule was consistent with the language in context with the Medicare statute. [read post]
8 Nov 2018, 8:34 am
After taking the oath, Kavanaugh then moves toward his seat on the far opposite end of the bench, shaking hands with Justices Samuel Alito and Elena Kagan along the way. [read post]
19 Feb 2019, 9:38 am
” In a decision by Justice Ruth Bader Ginsburg that was joined by now-retired Justice Anthony Kennedy and Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan, the Supreme Court instructed the Texas court to hew more closely to the most recent medical guide on intellectual disabilities. [read post]
6 Nov 2020, 7:26 am
Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan believed Congress did have the power to enact such a mandate; nonetheless they joined Chief Justice John Roberts in the majority opinion upholding the provision on an alternative ground — as a constitutional tax. [read post]
11 Apr 2009, 6:20 am
Solicitor General Elena Kagan authorized the plea “to seek an expedited appeal. [read post]
12 Jan 2022, 4:41 am
In a 2013 unanimous opinion, Justice Elena Kagan wrote that fears about false positives are misguided because most dogs are certified by accrediting organizations. [read post]
6 Jan 2014, 6:26 am
The Justices were split five to four; three in the majority – Justices Antonin Scalia, Clarence Thomas and Samuel Alito – defended their action and criticized the arguments made in a dissent by Justice Stephen Breyer that was joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan. [read post]