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1 May 2020, 7:00 am by Guest Blogger
”  As Justice Elena Kagan’s majority opinion observed, that would make “most of Government . . . unconstitutional. [read post]
2 Dec 2023, 7:53 am by Mark Tushnet
Put somewhat epigrammatically, if you don’t really understand and agree with Elena Kagan’s statement that it’s law “all the way down,” your non-normative constitutional theory isn’t going to be worth much. [read post]
14 Dec 2020, 5:23 am by Derek T. Muller
And this is the part of the concurring opinion where Justice Neil Gorsuch, the only other justice who joined part of Justice Thomas’s approach, did not join.Here’s what Justice Elena Kagan (for eight justices) had to say about the clause:Article II, § 1’s appointments power gives the States far-reaching authority over presidential electors, absent some other constitutional constraint. [read post]
23 Nov 2014, 12:00 am by Illinois BLJ
 For instance, Justice Elena Kagan said it was possible to read the law to include more than just corporate fraud. [read post]
19 Nov 2018, 12:17 pm by Ilya Somin
After the argument, I thought there might be a 5-3 split, with Justice Elena Kagan siding with the four conservatives in support of the property owner. [read post]
2 Feb 2020, 11:48 am by Sandy Levinson
 One of his predecessors, Elena Kagan, has herself paid ample attention to texts, unlike an earlier generation (perhaps typified more by her colleague Steven Breyer, who looked at "purpose" and was therefore much less likely to feel confined by "literal" interpretation). [read post]
19 Dec 2022, 4:00 am by Eric Segall
Yet more than two and a half hours into the Court’s argument, it was not one of the Court’s conservatives—but Justice Elena Kagan—who put the question of originalism on the table, asking “what would a committed originalist think about the kind of race-consciousness that’s at issue here? [read post]
16 Jul 2020, 2:30 pm by Guest Blogger
Simon Lazarus “You would have been dismissed as delusional,” as ACLU Legal Director David Cole said last week, if in October 2019 you had predicted end-of-term progressive Supreme Court victories establishing LGBTQ workplace equality, and rejecting Louisiana’s abortion restrictions,Trump’s bid to rescind DACA, and the Trump-Barr claim that presidents are immune from all federal or state prosecutions and investigations. [read post]
12 Jul 2020, 6:50 am by Comunicaciones_MJ
La jueza Elena Kagan presentó una opinión concurrente a la que se unió el juez Stephen Breyer. [read post]
13 Mar 2012, 2:19 pm by Lyle Denniston
  The case will be heard by eight Justices, since Justice Elena Kagan is recused. [read post]
11 Oct 2013, 9:06 pm by Lyle Denniston
  The case will be heard by an eight-member Court; Justice Elena Kagan is not taking part. [read post]
25 Feb 2015, 7:23 am by Richard M. Re
That prompted Justice Elena Kagan to remark: “Well, lucky you. [read post]
2 Apr 2015, 4:50 am by Robin Shea
You’re right about the “liberals” — Justice Stephen Breyer wrote the majority opinion, and he was joined by Justices Ruth Bader Ginsburg, Elena Kagan, and Sonya Sotomayor. [read post]
31 Oct 2024, 9:05 pm by Matthew Chagares
” Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown-Jackson voted to deny the stay application. [read post]
22 Oct 2012, 9:01 pm by Rodger Citron
Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan pressed Hoffman on the issue of exhaustion—the argument that a “foreign-cubed” case should not be heard in a United States court until it was clear that the alien plaintiffs had attempted to litigate their claims in a forum that was more closely connected to the case.  [read post]
11 Oct 2023, 2:03 pm by Amy Howe
Justice Elena Kagan pushed back against Gore’s suggestion that the challengers were obligated to provide an alternative map, but Chief Justice John Roberts appeared sympathetic to Gore’s position. [read post]
11 May 2010, 1:48 am by Kevin LaCroix
One side-effect from the oil slick spreading across the Gulf of Mexico following the blowout of the Deepwater Horizon oil rig, and a direct result of the massive economic and environmental damage it has caused, is the efflorescence of lawsuits from persons whose property or livelihood have been threatened or damaged by the spill. [read post]
8 Oct 2019, 11:14 am by Amy Howe
Justice Elena Kagan led the way, telling Harris that the test to determine whether there is discrimination under Title VII is whether the same thing would have happened if the employee were a different sex. [read post]