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24 Jul 2022, 9:05 pm by Thomas O. McGarity
In her dissenting opinion, Justice Elena Kagan argued that Congress’s use of the word “system” suggested that Congress contemplated approaches such as generation shifting to limit emissions. [read post]
24 Jul 2022, 3:00 pm by Stacey Matthews
" The post Justice Elena Kagan: SCOTUS Losing ‘All Connection … With Public Sentiment’ Is ‘Dangerous’ for America first appeared on Le·gal In·sur·rec·tion. [read post]
23 Jul 2022, 9:51 am by Benjamin Pollard
Elena Kagan shared an episode of Lawfare No Bull which featured audio from the Jan. 6 committee’s eighth public hearing: Jen Patja Howell shared an episode of the Lawfare Podcast in which Wittes, Orpett, Jurecic, Molly Reynolds, and David Priess discussed the Jan. 6 committee’s eighth public hearing. [read post]
Justices Amy Coney Barrett, Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson dissented from the majority. [read post]
22 Jul 2022, 5:14 pm by Howard Bashman
“Justice Elena Kagan on Public Confidence in Supreme Court”: C-SPAN has posted online this video of Justice Elena Kagan’s appearance yesterday at the Ninth Circuit’s Judicial Conference. [read post]
22 Jul 2022, 1:29 pm
Supreme Court Justice Elena Kagan told the 9th Circuit Judicial Conference on Thursday that it’s up to the court itself to restore flagging public approval by acting differently. [read post]
22 Jul 2022, 7:27 am by jonathanturley
Supreme Court Justice Elena Kagan made a curious and concerning comment this week about how the Supreme Court’s legitimacy depends on the consistency of its judicial opinions with public opinion. [read post]
21 Jul 2022, 5:47 pm by Amy Howe
Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett, and Ketanji Brown Jackson indicated that they would have granted the request. [read post]
21 Jul 2022, 6:45 am by James Romoser
Gans, The Atlantic) The end of affirmative action at colleges could be a good thing (David Von Drehle, The Washington Post) Elena Kagan’s Valid Critique of the Supreme Court’s ‘Shadow Docket’ (Damon Root, Reason) U.S. [read post]
18 Jul 2022, 9:05 pm by Richard J. Pierce, Jr.
One of the arguments that Justice Elena Kagan made in her dissent is the same one that many scholars make about the majority opinion—the Court should have deferred to the agency because of the agency’s expertise. [read post]
17 Jul 2022, 9:05 pm by Allison K. Hoffman
After poking fun at the complexity of the issue, Justice Elena Kagan wrote the majority opinion—joined by Justices Clarence Thomas, Sonia Sotomayor, Amy Coney Barrett, and Kavanaugh—that held that the HHS rule was consistent with the language in context with the Medicare statute. [read post]
The Act quotes the dissenting opinion of now-former Justice Stephen Breyer, and Justices Sonia Sotomayor and Elena Kagan, stating that “one result of [the] decision is certain; the curtailment of women’s rights, and of their status as free and equal citizens. [read post]
15 Jul 2022, 2:25 pm by Matt Gluck
Benjamin Pollard shared a livestream of the seventh House select committee hearing on the Jan. 6 insurrection: Elena Kagan shared an episode of Lawfare No Bull featuring the substantive audio from the committee’s hearing: And Katherine Pompilio shared an episode of the Lawfare Podcast, in which Lawfare Editor-in-Chief Benjamin Wittes moderated a conversation with Lawfare Executive Editor Natalie Orpett and Senior Editors Scott Anderson, Quinta Jurecic, and Roger Parloff… [read post]
15 Jul 2022, 12:23 pm by Anastasia Boden and Elizabeth Slattery
In Schuette, for example, he voted with Chief Justice John Roberts and Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas, and Samuel Alito, while Justices Ruth Bader Ginsburg and Sonia Sotomayor dissented (Justice Elena Kagan was recused). [read post]
15 Jul 2022, 2:50 am by Marcia Coyle
Justice Elena Kagan is Jewish and new Justice Ketanji Brown Jackson has said she is a nondenominational Protestant. [read post]
  Elena Kagan shared an episode of Lawfare No Bull that featured audio from the House Select Committee to Investigate the Jan. 6 Attack on the U.S. [read post]
12 Jul 2022, 2:50 pm
 The conference concludes with the traditional “Conversation with the Justice” featuring United States Supreme Court Justice Elena Kagan. [read post]
11 Jul 2022, 9:08 pm by Shelley Welton
The dissent, authored by Justice Elena Kagan and joined by Justices Stephen Breyer and Sonia Sotomayor, vehemently disagrees with the majority’s methodology, reasoning, and conclusions. [read post]
7 Jul 2022, 5:07 pm by Christopher Ernst
Justice Elena Kagan, speaking on behalf of a unanimous court, ruled that the lower courts are not allowed to “create arbitration-specific variants of federal procedural rules” and that determining a party’s conduct operated as a waiver was incorrect. [read post]