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14 Sep 2022, 5:18 pm
Although they did not publicly record their votes, the four-justice dissent means that the two remaining conservative justices, Chief Justice John Roberts and Justice Brett Kavanaugh, must have joined their three liberal colleagues – Sotomayor and Justices Elena Kagan and Ketanji Brown Jackson – in voting to deny the university’s request. [read post]
13 Sep 2022, 4:18 pm
Elena Kagan disagrees with the Chief Justice about the Court's legitimacy. [read post]
13 Sep 2022, 8:54 am
” Video of Justice Elena Kagan’s talk is not yet available for on-demand viewing. [read post]
13 Sep 2022, 8:17 am
The post Elena Kagan Rebukes John Roberts Over Supreme Court Legitimacy appeared first on Above the Law. [read post]
13 Sep 2022, 6:51 am
Supreme Court Justice Elena Kagan cautioned that courts look political and forfeit legitimacy when they needlessly overturn precedent and decide more than they have to. [read post]
11 Sep 2022, 9:01 pm
No wonder, then, that when nominee Elena Kagan was, in her Senate confirmation hearings in this, the twenty-first, century, discussing the importance of the Constitution’s words themselves in the exercise of judicial review she quipped that “we are all textualists now. [read post]
26 Aug 2022, 1:37 pm
"Law.com has The Marble Palace Blog: An Inside Look at How Justices Handled Oral Arguments During the Pandemic -- During a recent conference, Justice Elena Kagan explained why colleagues were “very split” on how to make oral arguments work in the COVID-19 era.Law.com also has Will Judicial Polarization Lead to More Strategic 'Unpublished' Opinions? [read post]
17 Aug 2022, 5:04 pm
The conference theme was “The Future of ‘Being Back’: Technology, Transparency and the Administration of Justice,” and special guests included the Honorable Elena Kagan, associate justice, United States Supreme Court and FBI Director Christopher Wray.The conference opened with a greeting from Ninth Circuit Chief Judge Mary H. [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]
11 Aug 2022, 6:44 am
Here’s the Thursday morning read: The cognitive dissonance of watching the end of Roe unfold online (Melissa Gira Grant, MIT Technology Review) Supreme Court Refuses to Fast Track Coinbase Arbitration Dispute (Kimberly Robinson & Lydia Wheeler, Bloomberg Law) Alito’s Call to Arms to Secure Religious Liberty (Linda Greenhouse, The New York Times) Supreme Court faces new pressure to reconsider racist ‘Insular Cases’ (Rafael Bernal, The Hill) Elena… [read post]
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]
