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19 Jun 2017, 4:19 pm
Because Justices Anthony Kennedy, Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan agreed that the disparagement clause constitutes viewpoint discrimination that cannot withstand rigorous constitutional scrutiny, they found it unnecessary to consider additional constitutional arguments by the parties. [read post]
29 Oct 2019, 9:01 pm
As evidence for this proposition, we might note that since the appointment of Justice Elena Kagan in 2010, each of the Court’s Democratic appointees has been more liberal than each of its Republican appointees. [read post]
8 Dec 2013, 9:02 pm
Under Chief Justice John Roberts, the Supreme Court has revived its interest in procedural issues, in particular those pertaining to jurisdiction. [read post]
22 Aug 2012, 8:01 am
In so doing, he has created a clear demarcation from Obama, whose own two nominees Sonia Sotomayor and Elena Kagan have proved reliable supporters of Obama’s Progressive agenda, most notably during the recent battles over the Affordable Care Act. [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]
24 Aug 2016, 5:50 am
There is a clear divide on the court right now, with Justice Elena Kagan offering a pragmatic view of federal Indian law that takes into account the history of tribal-federal-state relations, and more conservative justices expressing skepticism. [read post]
28 Jun 2018, 7:48 am
Contrary to Justice Elena Kagan’s claim, Alito’s opinion does not “weaponize” the First Amendment. [read post]
20 Mar 2019, 8:05 am
Preap (Art Lien) Justice Stephen Breyer’s dissent, joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan, focused on “the ordinary meaning of the statute’s language, the statute’s structure, and the relevant canons of interpretation” to conclude that Preap and the other respondents are not covered by the mandatory detention provisions of subsection 1226(c). [read post]
15 Jan 2013, 12:30 pm
., Ruth Bader Ginsburg, Elena Kagan, Antonin Scalia, and Clarence Thomas. [read post]
31 Mar 2016, 7:28 am
” Justices Sonia Sotomayor and Elena Kagan also seemed clearly disposed to that view. [read post]
26 Apr 2023, 8:29 am
Justice Sonia Sotomayor filed an opinion dissenting from the denial, joined by Justices Elena Kagan and Ketanji Brown Jackson – thus falling just one vote short of the four votes necessary to grant review. [read post]
4 Aug 2020, 9:03 pm
As Justice Elena Kagan indicated powerfully in her dissent, presidential control “can operate through many means—removal to be sure, but also appointments, oversight devices (e.g., centralized review of rulemaking or litigating positions), budgetary processes, personal outreach, and more. [read post]
20 Jun 2016, 12:29 pm
(Justice Elena Kagan also dissents in Strieff, joined in full by Ginsburg.) [read post]
28 Feb 2018, 4:13 am
Rodriguez, the court held 5-3, with Justice Elena Kagan recused, that immigration-law provisions do not give detained aliens a right to periodic bond hearings. [read post]
7 May 2009, 6:36 pm
At this point, there are many insinuations being bandied about about Rosen's motivations in writing his piece (they run the gamut from familial connections (his brother in law stands to move up to Solicitor General should another possible candidate, current SG Elena Kagan, be elevated to the Court) to ethnic and gender prejudice. [read post]
27 Jun 2015, 2:08 pm
As Justice Elena Kagan noted during the oral argument, even to Justice Scalia’s evident satisfaction at the time, clergy who solemnize marriages have long been given the freedom to decide which ceremonies at which to officiate based on criteria that would be constitutionally problematic in other contexts. [read post]
4 Mar 2020, 2:32 pm
The remaining members of the majority in Whole Woman’s Health—Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan—each have vigorous questions that show their skepticism of the Louisiana law’s constitutionality. [read post]
29 Mar 2024, 3:42 am
Columbia Global Freedom of Expression seeks to contribute to the development of an integrated and progressive jurisprudence and understanding on freedom of expression and information around the world. [read post]
Divided court declines to reinstate Biden’s immigration guidelines, sets case for argument this fall
21 Jul 2022, 5:47 pm
Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett, and Ketanji Brown Jackson indicated that they would have granted the request. [read post]
26 Jun 2014, 12:47 pm
The majority (opinion by Justice Breyer for himself and Chief Justice John Roberts, along with Justices Ruth Bader Ginsburg, Anthony Kennedy, Elena Kagan, and Sonia Sotomayor) took route 1; the dissent (Justice Antonin Scalia, joined by Justices Clarence Thomas and Samuel Alito), route 2. [read post]
