Search for: "Elena Kagan"
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9 Jul 2018, 9:30 pm
Notably, liberal Justices Stephen Breyer and Elena Kagan joined the five conservatives in a 7-2 majority opinion holding that the federal law violated the U.S. [read post]
6 Sep 2019, 10:00 am
The ability for trendy interpretations to remake the substantive law is evident in this move, and the question is whether the presentist version of administrative law can survive the all-critical recent Supreme Court decision in Kisor v.Wilkie, in which Justice Elena Kagan’s heroic efforts to salvage Auer from extinction resulted in a set of strategic concessions that should shipwreck today’s effort to expand Title VII. [read post]
23 Mar 2017, 3:38 am
Justice Stephen Breyer wrote for the six-member majority (Chief Justice John Roberts and Justices Anthony Kennedy, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan, as well as Breyer himself). [read post]
25 Apr 2012, 1:30 pm
If the Court is to permit Arizona to put into effect at least some of the challenged parts of S.B. 1070, there would have to be five votes to do so because only eight Justices are taking part (Justice Elena Kagan is out of the case), and a 4-4 split would mean that a lower court’s bar to enforcing those provisions would be upheld without a written opinion. [read post]
25 Mar 2019, 2:23 pm
The session came about at the invitation of Chief Justice John Roberts, a hockey fan who has invited Justice Elena Kagan to a game on more than one occasion. [read post]
14 Jul 2020, 8:00 am
” Justice Sonia Sotomayor also filed a dissenting opinion, which was joined by Ginsburg and Justice Elena Kagan. [read post]
6 Jun 2018, 8:36 am
Justices Stephen Breyer and Elena Kagan’s concurrence and Justices Ruth Bader Ginsburg and Sonia Sotomayor’s dissent all seemed to agree, however, that there is a significant distinction between cases involving standardized, off-the-shelf cakes and those involving custom-made cakes that unequivocally convey a message that violates the bakers’ religious beliefs. [read post]
21 Mar 2016, 12:07 pm
Justices Elena Kagan and Sonia Sotomayor were not on the Court when it decided the Heller case eight years ago, but Sotomayor was among the dissenters when it decided the McDonald case in 2010. [read post]
2 May 2021, 9:59 am
Justice Elena Kagan queried, for example, “Was there any supervision by the government? [read post]
23 Jun 2023, 3:37 pm
The dissent of Justice Ketanji Brown Jackson (joined by Justices Elena Kagan and Sonia Sotomayor and for the most part by Justice Clarence Thomas) makes those points pretty successfully. [read post]
14 May 2009, 6:27 am
Right now, five candidates break double-digit odds (links are to Wikipedia): Sonia Sotomayor Diane Pamela Wood Elena Kagan Kim McLane Wardlaw Jennifer Granholm [edit -- if this AP article is correct, then Wardlaw's not under consideration, but Janet Napolitano and Carlos Moreno are. [read post]
10 Dec 2019, 3:48 pm
” Justice Elena Kagan pointed out that even “if this Petitioner is thrown out, somebody else can bring another petition. [read post]
11 Aug 2011, 3:40 am
As he offers in his post discussing Elena Kagan (who never stepped foot in a courtroom until she was appointed Solicitor General): Someone should inscribe the phrase Fake It Till You Make It (in classical Latin naturally) on the façade of Harvard’s fancy new law building – and on that of every law school in America.That explains an awful lot about the state of the law, and may be the most revealing, and important, thing exposed. [read post]
26 Feb 2024, 11:38 pm
" Justice Elena Kagan summarized the issues best, when she noted, in the Florida argument, that, if social media firms have "content-based restrictions" on what kinds of speech they wish to host (e.g. [read post]
13 Jul 2010, 9:55 pm
With the placement of Elena Kagan on the Court (by the way--can we get that done already??) [read post]
26 Jul 2019, 7:42 am
Justice Elena Kagan issued a strong dissent joined by three colleagues, arguing that “given the gravity of the issue,” the Ray decision was “profoundly wrong. [read post]
10 Jul 2018, 5:16 am
I teach that the Constitution’s separation of powers protects individual liberty, and I remain grateful to the dean who hired me, Justice Elena Kagan. [read post]
12 Jun 2017, 6:10 am
So if 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]
29 Jun 2017, 9:25 am
In Flores-Villar, the court deadlocked 4-4, with Justice Elena Kagan recused. [read post]
21 Jun 2019, 10:07 am
Justice Elena Kagan writes that the Lemon test is still viable and useful in some cases and that its focus on “purposes and effects is crucial in evaluating government action” with regard to monuments. [read post]
