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13 Feb 2025, 9:05 pm
IN THE NEWS The Department of Government Efficiency (DOGE), led by Elon Musk, took control of the Consumer Financial Protection Bureau (CFPB), gaining access to its headquarters and internal records, including staff files, industry data, and consumer personally identifiable information. [read post]
19 Jun 2018, 2:05 pm
To the extent potential plaintiffs may yet bring statewide theories of harm and of remedy, Justice Elena Kagan’s concurrence certainly tries to help them get there. [read post]
3 Jun 2013, 11:21 am
Justice Scalia was joined in dissent by Justices Ruth Bader Ginsburg, Elena Kagan, and Sonia Sotomayor. [read post]
22 May 2012, 10:48 am
Breyer; Sonia Sotomayor; Elena Kagan] would likely find an equal protection violation. [read post]
11 Jul 2018, 9:00 pm
Justice Ginsburg, joined by Justices Sonia Sotomayor and Elena Kagan, dissented.State Farm Mutual Automobile Insurance Co. v. [read post]
19 Jun 2016, 7:52 pm
Unlike some of the Court’s other high-profile cases this Term, no one expects the Court to deadlock: Justice Elena Kagan is not participating, which in the wake of Justice Antonin Scalia’s death leaves the Court with just seven Justices to decide the case. [read post]
26 Apr 2016, 6:12 pm
Similarly, Justice Elena Kagan, who was silent for most of the argument, asked about the “difference between” jurors before and after they have been discharged: the latter “take off [their] juror hat psychologically … and start thinking about a case in a different way. [read post]
11 Jan 2022, 9:38 am
In Kwai Fun Wong, which involved a claim under the Federal Tort Claims Act, the Justice Elena Kagan wrote for the majority that to the extent the FTCA was special, it cut in favor of equitable tolling. [read post]
5 Nov 2020, 1:17 pm
Justice Elena Kagan asked “whether [Katsas] thought ‘a person who is subject to the [individual] mandate but not subject to the [shared responsibility payment] would have standing. [read post]
6 Aug 2024, 9:05 pm
In the words of Chevron itself, reprised by Justice Elena Kagan’s dissent in Loper Bright, “While agencies are not directly accountable to the people, the Chief Executive is. [read post]
25 Apr 2022, 4:36 pm
Over the objection of Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan, the court refused to step in and put Kacsmaryk’s order on hold. [read post]
31 May 2018, 11:13 am
The current term at the Supreme Court has been anything but ordinary. [read post]
22 Jun 2018, 6:34 am
In a majority opinion for six justices penned by Justice Elena Kagan, the court held that they are. [read post]
19 Dec 2011, 7:41 pm
Several senior faculty members were outraged by it, and mounted an effort to block Goldsmith’s appointment, which was being advanced by the law school’s dean, Elena Kagan (now a Supreme Court Justice). [read post]
29 Mar 2012, 5:00 pm
” Justice Elena Kagan was first out of the box, and she quickly proved once again that she is the Court’s official Plain English Justice. [read post]
8 Dec 2015, 7:22 pm
Conversely, the questions of Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan suggested varying degrees of confidence in tribal courts and support for the argument that tribal courts are endowed with at least a degree of clear civil jurisdiction over non-Indians. [read post]
6 Jul 2010, 9:54 am
In my earlier post predicting the outcomes of the Term’s final opinions, I had anticipated that in Bilski v. [read post]
19 Feb 2019, 1:02 pm
” A few minutes later, Justice Elena Kagan picked up that reference with a rhetorical question: “[G]o[ing] back to Justice Alito’s question – does anybody really think Congress thinks about this as a default rule and legislates against it? [read post]
3 Jul 2024, 6:25 am
” Her fellow dissenters, Justices Elena Kagan and Ketanji Brown Jackson, appeared to agree, and Jackson wrote separately to rebuke the majority for creating a risk of “autocracy. [read post]
23 Jul 2024, 9:05 pm
Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, dissented. [read post]
