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11 Oct 2022, 9:37 am by jonathanturley
In many cases, it was obvious that the past legal views of nominees like Elena Kagan or Amy Coney Barrett would push them to different sides on issues like abortion. [read post]
9 Oct 2022, 9:04 pm by Eric W. Orts
In dissent, Justices Breyer, Sonia Sotomayor, and Elena Kagan observed that Roe and its precedents allowed states to “prohibit abortions after fetal viability, so long as the ban contained exceptions to safeguard a woman’s life or health. [read post]
7 Oct 2022, 5:09 am by Marcia Coyle
Chief Justice John Roberts Jr. dissented as did Justices Elena Kagan, Stephen Breyer, and Sonia Sotomayor. [read post]
5 Oct 2022, 5:20 pm by Yelena Duterte
Justice Elena Kagan asked the government’s lawyer, Assistant to the Solicitor General Sopan Joshi, whether statutes need to have specific or magic language or whether a statute of limitation can be functional without special words, as discussed in Lozano v. [read post]
4 Oct 2022, 2:19 pm by Amy Howe
Justice Elena Kagan told LaCour that his position would be a significant change from the court’s current approach to Section 2. [read post]
” Justices Ketanji Brown Jackson and Elena Kagan asked Merrill to justify why VRA compliance should be solely based on intent, instead of also examining the end result. [read post]
4 Oct 2022, 12:54 pm by Howard Bashman
” John Fritze of USA Today reports that “Supreme Court delves into Alabama brawl over race, redistricting and Voting Rights Act; Alabama’s position drew a sustained attack from the court’s liberal wing, especially Associate Justices Elena Kagan and Ketanji Brown Jackson. [read post]
3 Oct 2022, 9:01 pm by Vikram David Amar and Jason Mazzone
At a recent event in New York, Justice Elena Kagan reportedly expressed some reservations about doctrinal changes that are attributable to the arrival of new Justices who change the makeup of the Court. [read post]
3 Oct 2022, 6:53 pm by Mark Walsh
Justices Sonia Sotomayor and Elena Kagan are wearing masks today. [read post]
3 Oct 2022, 11:47 am by Amy Howe
Justice Elena Kagan asked Schiff whether there was a middle ground that would take into account the existing rules allowing the CWA to apply to wetlands even when they are separated from “navigable waters” from barriers like berms and levees, while at the same time addressing the Sacketts’ concerns about the “significant nexus” test. [read post]
3 Oct 2022, 7:37 am by Howard Bashman
The post “Justice Elena Kagan, in Dissent; What to do about the loss of trust in the Supreme Court” appeared first on How Appealing. [read post]
3 Oct 2022, 4:00 am by jonathanturley
While Roberts and Justice Brett Kavanaugh voted most often together (95 percent of the time), Justice Elena Kagan voted almost half of the time (48 percent) with Roberts. [read post]
2 Oct 2022, 4:00 pm by James Romoser
” To paraphrase Justice Elena Kagan, we’re all Thomists now. [read post]
2 Oct 2022, 11:50 am by Amy Howe
Justice Elena Kagan, in an opinion joined by Justices Stephen Breyer and Sonia Sotomayor, dissented from that ruling – which, she wrote, “forces black Alabamians to suffer what under” the Voting Rights Act “is clear vote dilution. [read post]
30 Sep 2022, 1:33 pm by James Romoser
Elena Kagan, then the solicitor general, answers a question from Chief Justice John Roberts during the re-argument of Citizens United v. [read post]
30 Sep 2022, 5:21 am by Marcia Coyle
As Justice Elena Kagan once explained a center justice helped to make the court appear apolitical. [read post]
27 Sep 2022, 7:24 am by Howard Bashman
“Justice Elena Kagan Speaks at Salve Regina University on the Constitution and Courts”: C-SPAN has posted this video online. [read post]
26 Sep 2022, 9:00 pm by Barry Winograd
A failure to grapple with that reality risks greater challenges to the Court’s institutional well-being.Justice Elena Kagan, a frequent dissenter, has joined the discussion. [read post]
25 Sep 2022, 4:03 pm by Andrew Koppelman
 Justice Elena Kagan and Chief Justice John Roberts have been having a public conversation about whether the Court is jeopardizing its legitimacy for reasons that go beyond mere disagreement with results. [read post]
Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett, and Ketanji Brown Jackson dissented. [read post]