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12 Jul 2023, 9:05 pm
Therefore, there is a tendency to cite dictionaries and discuss the admittedly important difference between words such as “adjacent” and “adjoining,” as Justice Brett Kavanaugh did in a concurring opinion joined by Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson. [read post]
28 Mar 2012, 3:56 pm
If the Court could preserve “half a loaf” rather than taking away the entire loaf, Justice Elena Kagan said, that would be preferable. [read post]
9 Sep 2009, 8:55 am
Solicitors General, the new SG — Elena Hagan — and the country’s leading free speech advocate — Floyd Abrams – argued energetically, yet seemed to have left the Court where it already presumably was. [read post]
2 Jun 2022, 9:00 pm
Justice Alito’s draft, which apparently was circulated with the Court on the assumption that the Chief’s vote was not required to make a majority, rejects such a right and would subject all abortion regulations only to so-called “rational-basis” review.Given the (almost certain) desire of Justices Stephen Breyer, Elena Kagan, and Sonia Sotomayor to preserve (or expand) abortion rights from where they sit right now under Planned Parenthood v. [read post]
16 Jun 2023, 11:46 am
Justice Elena Kagan, who authored the majority opinion, suggested the Bad Spaniels dog toy was obviously a commercial product and said “[t]hat’s not a First Amendment problem. [read post]
26 Sep 2017, 7:30 am
[Editor’s note: An earlier version of this post ran on August 7, as an introduction to the blog’s symposium on Gill v. [read post]
18 Jan 2011, 8:02 pm
(The petition was signed by Elena Kagan, then the U.S. [read post]
7 Jul 2020, 6:33 am
Breyer, joined by Justices Ruther Bader Ginsburg and Elena Kagan, disagreed that the TCPA violated the First Amendment, but concurred in the judgment with respect to severability, agreeing that the overall robocall ban should survive. [read post]
12 Jan 2012, 7:59 am
(John Elwood) For the past week there has been a fair amount of speculation that, because no opinion had yet been posted on its webpage, the Office of Legal Counsel either was not consulted about President Obama’s recess appointment on January 4 of Richard Cordray and three NLRB members, or that it had been consulted and said no recess appointment could lawfully be made while the Senate was conducting pro forma sessions. [read post]
9 Oct 2024, 2:16 pm
Justice Elena Kagan appeared unconvinced that the state court’s decision rested on “independent” state grounds. [read post]
5 Dec 2024, 4:57 am
Justice Elena Kagan then asked, “doesn’t this provide a roadmap to any country that wants to expropriate property? [read post]
26 Oct 2020, 2:18 pm
Chief Justice John Roberts joined the court’s more liberal members — Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan – to rule against the church, and the five-justice majority provided no explanation for the ruling. [read post]
8 Aug 2023, 2:01 pm
Special Counsel Jack Smith has concluded that he can prove, beyond a reasonable doubt, that several private lawyers acted as co-conspirators in former President Donald Trump’s criminal effort to overturn the legitimate results of the 2020 presidential election. [read post]
29 Nov 2022, 1:55 pm
Justice Elena Kagan was perhaps the strongest proponent of the idea that the states do not have standing. [read post]
12 Oct 2022, 4:32 pm
“Let’s say that I’m both a Prince fan, which I was in the ’80s …” Thomas says, before Justice Elena Kagan interrupts him. [read post]
31 May 2024, 2:08 pm
The U.S. [read post]
4 Nov 2014, 7:50 am
And Justice Elena Kagan (joined by Justice Ruth Bader Ginsburg), while disagreeing with Justice Thomas’s and the majority’s result in Sykes, expressly agreed with Justice Scalia’s “cows come home” critique. [read post]
26 Mar 2012, 2:53 pm
Justice Elena Kagan said that the Court had in fact not followed a consistent pattern of treating the AIA as a flat bar, but rather as a bar from which there could be exceptions, where warranted in the interest of fairness. [read post]
8 Sep 2024, 9:01 pm
Roberts wrote the Court’s opinion while Justice Elena Kagan wrote a powerful but respectful dissent.The other case concerned the Trump administration’s decision to rescind the Deferred Action for Childhood Arrivals (DACA) program, an immigration measure adopted by President Barack Obama. [read post]
7 Aug 2017, 10:33 am
Justice Ruth Bader Ginsburg has suggested that it might be the most important case of the upcoming term. [read post]
