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28 Nov 2022, 2:05 pm by Amy Howe
Justice Elena Kagan asked about a scenario in which a public official briefly resigns so that he can take a bribe but then returns to his job almost immediately. [read post]
27 Nov 2022, 9:05 pm by Craig N. Oren
Thus, as Justice Elena Kagan noted in her dissent, the Court’s decision amounted to an advisory opinion, something the Supreme Court has always stressed that it does not give. [read post]
27 Nov 2022, 9:05 pm by Craig N. Oren
Thus, as Justice Elena Kagan noted in her dissent, the Court’s decision amounted to an advisory opinion, something the Supreme Court has always stressed that it does not give. [read post]
23 Nov 2022, 6:06 am by Amy Howe
Justice Elena Kagan, who clerked for Thurgood Marshall, also remembered Cissy Marshall on Tuesday, describing her as a “marvelous woman. [read post]
18 Nov 2022, 7:46 am by James Romoser
The Supreme Court granted Alabama’s request, with Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson noting dissents. [read post]
16 Nov 2022, 12:35 pm by Josh Blackman
Sonia Sotomayor: I—I—I don't—I—I actually — Elena Kagan: There are those who love it. [read post]
14 Nov 2022, 4:00 am by Guest Author
Most famously articulated by then-professor Elena Kagan in her paper “Presidential Administration,” the view is roughly that presidential supervision ties agency policymaking to the national electorate. [read post]
13 Nov 2022, 9:04 pm by Michael S. Knoll
If the Constitution did not already ban slavery, Justice Elena Kagan asked, would states be able to ban products made in other states with slave labor? [read post]
11 Nov 2022, 9:22 am by Howard M. Wasserman
Chief Justice John Roberts and Justices Elena Kagan and Brett Kavanaugh emphasized how the statute uses the word rights “over and over again” and requires recipients to “protect” those rights; Robbins urged the court to look beyond isolated word to focus on the statute’s “unambiguous focus” on the officers and offices regulating facilities rather than facility residents. [read post]
9 Nov 2022, 3:02 pm by Amy Howe
” Justice Elena Kagan also viewed Congress’ power over Native American affairs as very broad. [read post]
Justices Amy Coney Barrett, Neil Gorsuch and Elena Kagan pushed back on the non-Native adoptive parents’ argument that the matter is a state issue, as opposed to federal. [read post]
8 Nov 2022, 3:17 pm by Ronald Mann
” Even Justice Elena Kagan was skeptical of the government’s argument – and it is just about impossible to imagine the government finding five votes to prevail if it can’t persuade her. [read post]
8 Nov 2022, 1:27 pm by Amy Howe
But Justice Elena Kagan was also skeptical of his efforts to rely on that decision and on the history of such laws. [read post]
8 Nov 2022, 4:00 am by West Coast Environmental Law
In her dissent, Justice Elena Kagan emphasized, “a key reason Congress makes broad delegations […] is so an agency can respond, appropriately and commensurately, to new and big problems” (West Virginia, at 5 of Justice Kagan’s dissent). [read post]
7 Nov 2022, 12:47 pm by Amy Howe
There is no way to know how the court’s other members voted, but two years ago Justice Elena Kagan joined Justice Samuel Alito’s dissent from the court’s decision in Ramos v. [read post]
4 Nov 2022, 1:27 pm by Guest Author
At the same time, as then-Professor Elena Kagan argued, presidential oversight often provides essential energy and direction for actualizing policy, especially in a world of sharp political divides. [read post]
4 Nov 2022, 10:41 am
During oral arguments, Justice Elena Kagan raised the issue of whether employers may consider the benefits of diversity when making hiring decisions. [read post]
4 Nov 2022, 4:00 am by Amy Salyzyn
Should judges make pop culture references in judicial decisions? [read post]
3 Nov 2022, 4:08 pm by Ronald Mann
The first thing you’d think about the argument (once you got past the protesters) is that somebody challenging government overreach will have a really hard time finding five votes if Justices Elena Kagan and Sonia Sotomayor are unpersuaded. [read post]
2 Nov 2022, 5:48 pm by Noam Biale
The end of Feigin’s argument focused on what Congress intended when it created the exceptions to 2255(h)’s bar on successive petitions and did not include statutory claims, in response to questions from Sotomayor and Justice Elena Kagan. [read post]