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8 Jun 2014, 9:01 pm
At reargument in September 2009, the Government showcased our new Solicitor General, former Harvard Dean Elena Kagan. [read post]
29 Jun 2018, 5:25 am
” In dissent, Justice Elena Kagan argued that the majority’s decision constituted “judicial disruption” of a “deeply entrenched” decision unions rely on. [read post]
11 Mar 2019, 9:30 pm
With thanks to Justice Elena Kagan (and the article she wrote as a law professor), it is now a truism, but it is also true: Presidents oversee, direct, and sometimes even dictate the policies of their administrations. [read post]
24 Feb 2010, 1:18 am
Solicitor General Elena Kagan that the law would bar a lawyer from writing an amicus curiae brief on behalf of such a group in U.S. courts. 3rd Circuit Weighs Validity of Fines in 'Wardrobe Malfunction' Case The Legal Intelligencer Like the truth that is sometimes found in jest, a moment of levity in a court proceeding can sometimes help to crystallize a legal argument more cogently than the lengthy and serious discussion that preceded or followed it. [read post]
12 Nov 2014, 2:05 pm
Justice Elena Kagan appeared to view the challengers’ claim as based upon the state’s overall redistricting strategy, and not something to be resolved on a district-by-district basis. [read post]
30 Apr 2015, 4:16 pm
Justice Elena Kagan, for example, pushed back hard against Wyrick’s reliance on the trial court’s findings. [read post]
12 Jan 2017, 10:30 am
But two of those justices – Sonia Sotomayor and Elena Kagan – are recused from the case, presumably because they were involved in the earlier proceedings in their former jobs as a judge on the U.S. [read post]
15 Jun 2020, 5:00 am
This means that if Justice Brett Kavanaugh has any opinions, his are released first, followed by Justice Neil Gorsuch, Justice Elena Kagan, and so on through the chief justice, who is always the most senior justice. [read post]
20 Apr 2021, 8:43 am
Guarnieri insisted that the Treasury Department was advancing a textualist argument, but Roberts’ question set the tone: Justices Clarence Thomas, Samuel Alito and Elena Kagan all pressed Guarnieri on whether he was actually making a textualist argument rather than, as Alito framed it, an “absurdity argument. [read post]
2 Jul 2020, 4:11 am
El juez Stephen Breyer emitió una opinión disidente a la que se unió la jueza Elena Kagan. [read post]
2 Dec 2011, 1:00 pm
Although no one at the Supreme Court yesterday actually quoted the author Lewis Carroll, the words he wrote in his classic Alice’s Adventures in Wonderland provided a backdrop for the oral argument in Federal Aviation Administration v. [read post]
22 Jan 2015, 9:18 am
Both Justice Elena Kagan and Justice Sonia Sotomayor added that until 1988, when Congress had amended the Act, the law “was very clear”: the federal courts of appeals had uniformly agreed that lawsuits could be brought based on disparate impact. [read post]
8 Dec 2010, 3:15 pm
GWEN IFILL: Justice Elena Kagan, the newest member of the court, recused herself from these arguments and from this case. [read post]
24 Jun 2010, 9:20 am
" The majority opinion rejected the arguments of the claimants and of the Solicitor General (that would be Solicitor General Elena Kagan, the current Court nominee) that the securities laws contained statutory support for extraterritorial application, finding that "there is no clear indication in the Exchange Act that Section 10(b) applies extraterritorially, and we therefore conclude that it does not. [read post]
18 May 2023, 9:01 pm
Democratic appointees Justices Sonia Sotomayor and Elena Kagan as well as Republican appointees Justices Clarence Thomas and Amy Coney Barrett each joined parts of Justice Gorsuch’s opinion, while the principal dissent by Republican appointee Chief Justice John Roberts was joined by his fellow Republican appointees Justices Samuel Alito and Kavanaugh, as well as by Democratic appointee Justice Ketanji Brown Jackson. [read post]
30 Jun 2015, 11:31 am
Justice Sonia Sotomayor’s dissent (joined by Justices Breyer, Ruth Bader Ginsburg, and Elena Kagan) focuses on the available-alternative requirement in response to the Court’s holding that the inmates failed to identify an alternative method of execution that would create a less severe risk of pain. [read post]
5 Jul 2023, 9:30 am
” Sotomayor’s concurring opinion In an opinion joined by Chief Justice John Roberts, Justice Elena Kagan, and Justice Amy Coney Barrett (a highly unusual ideological line-up for sure), Sotomayor would have adopted, consistent with the position of the Biden administration, consumer confusion as the focus of the Lanham Act. [read post]
11 Jun 2018, 5:15 am
This means that if Justice Neil Gorsuch has an opinion to announce, he goes first, followed by Justice Elena Kagan, Justice Sonia Sotomayor, and so on through the chief justice, who is always the most senior justice. [read post]
27 Aug 2015, 11:36 am
This affirmative consent, or “opt-in,” requirement drew criticism from Justice Sonia Sotomayor (in concurrence, joined by Justice Ruth Bader Ginsburg) and Justice Stephen Breyer (in dissent, joined by Justice Elena Kagan). [read post]
21 Jun 2019, 10:42 am
The court’s opinion, written by Justice Brett Kavanaugh and joined by Chief Justice John Roberts and Justices Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito, Sonia Sotomayor and Elena Kagan, depicted Flowers’ case as one that broke “no new legal ground. [read post]
