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15 Apr 2024, 8:52 am by Guest Author
Moreover, as Justice Elena Kagan pointed out at oral argument, one does not have to read “first accrues” to mean the moment when the plaintiff has standing. [read post]
3 Jul 2024, 3:19 pm by Amy Howe
In a dissent joined by her liberal colleagues, Justice Elena Kagan predicted that because the Chevron doctrine was so firmly entrenched in the U.S. legal system, the court’s ruling would lead to a “massive shock. [read post]
26 Sep 2022, 9:00 pm by Barry Winograd
A failure to grapple with that reality risks greater challenges to the Court’s institutional well-being.Justice Elena Kagan, a frequent dissenter, has joined the discussion. [read post]
9 Oct 2022, 9:04 pm by Eric W. Orts
In dissent, Justices Breyer, Sonia Sotomayor, and Elena Kagan observed that Roe and its precedents allowed states to “prohibit abortions after fetal viability, so long as the ban contained exceptions to safeguard a woman’s life or health. [read post]
1 Dec 2015, 9:39 pm by Lyle Denniston
The prospect that a new decision may not be a sweeping one is strengthened by the fact that Justice Elena Kagan is not taking part, which means that it may be more difficult to get a majority among the eight who are participating for a broad ruling, and so the Court might settle for less to avoid a four-to-four split. [read post]
18 Jun 2010, 10:10 pm by Lyle Denniston
[UPDATE, 12:45 p.m.: The cert. papers in the petitions discussed below are now available at the bottom of this post.] [read post]
20 Dec 2019, 8:49 am by Amy Howe
The court’s four more liberal justices dissented from the order, with Justice Elena Kagan calling the decision to lift the stay of execution imposed by the U.S. [read post]
15 Dec 2023, 12:17 pm by Josh Blackman
At the Jan. 8 conference, the three liberals — Justices Breyer, Elena Kagan and Sonia Sotomayor — and the chief justice opposed hearing the case. [read post]
20 Apr 2012, 11:42 am by Lyle Denniston
   The case will be decided by eight members of the Court, since Justice Elena Kagan is recused. [read post]
12 Nov 2014, 7:00 am by Ronald Collins
The following is a series of questions posed by Ronald Collins on the occasion of the publication of American Justice 2014: Nine Clashing Visions on the Supreme Court (University of Pennsylvania Press), by University of Baltimore law professor Garrett Epps, who is also the Supreme Court correspondent for The Atlantic Online. [read post]
29 Oct 2010, 5:54 pm by Lyle Denniston
  The case will be heard by an eight-member Court — without Justice Elena Kagan who, in her former role as Solicitor General, filed a brief in the case at the invitation of the Court. [read post]
2 Dec 2010, 7:51 am by lopeznoriega
Pensemos en la elección de las últimas dos integrantes de la Supreme Court, Sonia Sotomayor y Elena Kagan. [read post]
26 Mar 2010, 4:28 pm by Lyle Denniston
  Solicitor General Elena Kagan urged the Court to deny review. [read post]
22 Jun 2017, 5:12 am by Amy Howe
The justices are expected to take the bench today at 10 a.m. to issue opinions in argued cases. [read post]
9 Jun 2024, 9:00 pm by Jon May
“I am your retribution” –Donald TrumpOn April 25, 194 days before the November 5 presidential election, the Supreme Court heard Donald Trump’s argument that the “January 6” case being prosecuted by Special Prosecutor Jack Smith was barred by presidential immunity. [read post]
1 Feb 2017, 2:43 pm by Andrew Hamm
He observed that both of Obama’s successful nominations passed this 60-vote threshold (Justice Sonia Sotomayor was confirmed by a vote of 68-31, and Justice Elena Kagan by a vote of 63-37). [read post]