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10 Aug 2020, 8:20 am
In a concurrence, Justice Elena Kagan, joined by Justice Stephen Breyer, provided a roadmap for the lower court on remand to rule against the religious exemption — a prospect that may necessitate a fourth trip to the Supreme Court for the Little Sisters before final victory. [read post]
21 Sep 2020, 1:28 pm
” Justices Elena Kagan and Sonia Sotomayor said that to them, as to countless others, Ruth Bader Ginsburg was a hero. [read post]
24 Jul 2017, 9:30 pm
In addition, in a separate opinion, Justice Anthony Kennedy—joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan—also said the disparagement clause “must be subject to rigorous constitutional scrutiny” because it “constitutes viewpoint-discrimination. [read post]
6 Nov 2014, 11:44 am
But Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan appeared to take Johnson’s side. [read post]
1 Oct 2015, 2:54 pm
Justice Elena Kagan, by contrast, writing for a group of four dissenters, addressed only the claim of individual mootness; in her view, an unaccepted settlement offer can never make a case moot. [read post]
21 Feb 2016, 9:01 pm
Nor could they understand Justice Elena Kagan, no ideological soul mate, who was teary-eyed when she and the other justices paid their respects.He was an unusually personable, affable, and warm human being. [read post]
13 Oct 2010, 3:42 pm
A lot of recusals right now on the part of Elena Kagan, the new justice. [read post]
11 Apr 2010, 9:03 am
The Law Blogger will strive to keep you informed of significant developments.May 2010 Update: President Obama nominated Elena Kagan to replace retiring Justice Stevens; her nomination is expected to be confirmed over the summer.www.clarkstonlegal.cominfo@clarkstonlegal.com [read post]
29 Mar 2023, 2:30 pm
During her interchange with Ross, however, Justice Elena Kagan finally vocalized what she had apparently been thinking all along. [read post]
23 Mar 2016, 12:49 pm
Solicitor General Donald Verrilli (Art Lien) On the other side of the Court’s seeming divide on Wednesday, Justices Ruth Bader Ginsburg, Elena Kagan, and Sonia Sotomayor left no doubt whatsoever that they were prepared to side with the government’s view of the perceived benign effect and operation of the ACA mandate. [read post]
22 Oct 2012, 9:01 pm
Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan pressed Hoffman on the issue of exhaustion—the argument that a “foreign-cubed” case should not be heard in a United States court until it was clear that the alien plaintiffs had attempted to litigate their claims in a forum that was more closely connected to the case. [read post]
13 Jan 2025, 9:05 am
Justice Elena Kagan similarly made a historical analog to the Cold War, wondering whether Congress could have forced the US Communist Party to divest from any foreign groups. [read post]
15 Apr 2019, 6:57 am
Justices Breyer and Sonia Sotomayor wrote dissenting opinions; they were joined in dissent by Justices Ruth Bader Ginsburg and Elena Kagan. [read post]
25 Sep 2020, 7:46 am
That was true for Kavanaugh, Gorsuch and Elena Kagan. [read post]
16 Mar 2016, 1:23 pm
That network’s congressional correspondent, Manu Raju (who was my neighbor at the press tables for Elena Kagan’s confirmation hearings in 2010) says he has confirmed that Garland is the pick. [read post]
20 Jun 2017, 11:33 am
Justice Anthony Kennedy (joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan) argued that the viewpoint discrimination in Section 1052(a) is subject to “rigorous constitutional scrutiny” – which it did not survive – and noted that “commercial speech is no exception” to the “heightened scrutiny” required by Sorrell v. [read post]
16 Oct 2010, 7:18 am
If I remember correctly, former Harvard Dean and Professor Elena Kagan had to agree that we are still at war in her confirmation hearings. [read post]
18 May 2007, 2:50 pm
As the Presidential campaign season gets an unprecedented early start, it is not too early to start the hyperbole on the importance of the election for the future of the Court and, as a consequence, the future of American law. [read post]
20 Mar 2024, 9:01 pm
When the high Court—over an impassioned dissent by Justice Sonia Sotomayor (joined by Justice Ketanji Brown Jackson) and another dissent by Justice Elena Kagan—issued its unexplained order on Tuesday, the Fifth Circuit administrative stay went into effect, thus allowing enforcement of S. [read post]
10 Jun 2022, 8:14 am
The vote came out 7-2, with Justice Thomas joined by the other five conservatives and Justice Elena Kagan. [read post]
