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2 Apr 2012, 11:56 am by Lyle Denniston
Breyer wrote for the four dissenters — himself and Justices Ruth Bader Ginsburg, Elena Kagan, and Sonia Sotomayor. [read post]
4 Mar 2020, 9:28 am by Amy Howe
Justice Elena Kagan, who asked relatively few questions, posited that the admitting-privileges requirement does not necessarily guarantee that doctors who perform abortions are qualified to do so. [read post]
8 Feb 2025, 4:31 am by Kalvis Golde
Dissenting from the Supreme Court’s refusal to step in, Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, wrote that “[b]ecause reasonable jurists could, did, and still debate whether” Johnson was entitled to relief from his death sentence, “the Eighth Circuit should have authorized an appeal. [read post]
12 Sep 2016, 11:00 am by Erwin Chemerinsky
 Justice Elena Kagan wrote the dissent, joined by Justices Ginsburg, Breyer, and Sonia Sotomayor. [read post]
13 Jun 2010, 9:50 pm by David Harlow
  He had a strong belief in the right to counsel, a right (together with the right to avoid self-incrimination) that has recently taken a giant step backwards, courtesy of Justice Kennedy and, yes, Elena Kagan. [read post]
16 Jun 2024, 9:01 pm by Michael C. Dorf
In fact, Justice Elena Kagan famously remarked in 2015 that “we’re all textualists now,” explaining that, thanks to the influence of Justice Antonin Scalia, jurists across the ideological spectrum came to accept the primacy of text in statutory cases.Indeed, these days liberals no less than conservatives frequently write highly textualist opinions. [read post]
2 Dec 2024, 12:49 pm by Amy Howe
” Justice Elena Kagan echoed Jackson’s point, in even more detail. [read post]
25 May 2010, 12:23 pm by Jeff Gamso
  And where will we find Elena Kagan, who as Solicitor General (whether on her own or under orders) refused to support the broadest of the government's claims? [read post]
25 Jun 2018, 3:12 pm by Beth Farmer
Justice Stephen Breyer, joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan, dissented. [read post]
31 May 2017, 4:59 am by Edith Roberts
” At Slate, Mark Joseph Stern remarks that although “Justices Elena Kagan and Samuel Alito are not (yet) buddies off the bench, they appear to be developing an amiably disputatious relationship in the vein of Ginsburg and Scalia. [read post]
8 Jul 2019, 9:24 am by Adam Feldman
Justice David Souter/Justice Sonia Sotomayor, Justice John Paul Stevens/Justice Elena Kagan, Justice Ruth Bader Ginsburg and Justice Stephen Breyer are coded as liberal justices. [read post]
17 Oct 2014, 7:47 am by Rory Little
Justice Elena Kagan then produced yet another hypothetical, involving five similar but separable IAC claims; and Sotomayor asked how a victorious habeas petitioner would even request a COA. [read post]
14 May 2012, 6:53 pm by Jonathan H. Adler
It’s true that Solicitor General Elena Kagan would back away from this position when it was her turn to argue the case at the second oral argument, but not without first acknowledging that the statute’s language could apply to “full-length books” and that there would, in the government’s view, be no problem with banning corporate-funded pamphlets. [read post]
2 May 2021, 12:58 pm by Jayesh Rathod
An unusual alliance of justices joined Gorsuch: the court’s three liberals – Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan – as well as two other conservatives – Justices Clarence Thomas and Amy Coney Barrett. [read post]
1 Jul 2021, 9:03 pm by Katelynn Catalano
In a dissenting opinion, Justice Elena Kagan expressed disappointment in the majority’s decision to uphold laws that “discriminate against minority voters,” arguing that the ruling weakened the Voting Rights Act. [read post]
3 Apr 2019, 7:04 am by John Elwood
One week after Justice Elena Kagan’s crack suggesting the Supreme Court is a bit too prone to overrule precedent – for a differing viewpoint, see here – both of this week’s likely relists ask the court to do just that. [read post]
12 Jan 2021, 4:51 pm by Amy Howe
He did not join the separate dissent by Justice Sonia Sotomayor, which Justice Elena Kagan did join. [read post]
10 Jun 2019, 5:15 am by Amy Howe
 This means that if Justice Brett Kavanaugh has an opinion to announce, he goes 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]
24 Apr 2018, 6:01 pm by Amy Howe
Justice Elena Kagan voiced similar concerns. [read post]