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25 Jun 2012, 3:02 pm
The decision came after two years of protests and legal challenges to the Arizona law, then the April arguments before the Supreme Court, today, the decision,5-3, with Justice Elena Kagan recusing herself because she worked on the issue in the Obama administration. [read post]
7 Jul 2022, 10:34 am
In an opinion joined by two members of the court’s liberal bloc – Justices Stephen Breyer and Elena Kagan – Roberts explained that he would have put the law on hold to preserve the status quo in Texas and to allow the courts to consider “whether a state can avoid responsibility for its laws” using such an enforcement mechanism. [read post]
28 Jun 2024, 8:40 am
Solicitor General described as the plain meaning of the word “otherwise” to other means of obstructing the proceeding, such as by violently attacking the joint session of congress to count the electoral ballots–a plain meaning with which Justices Barrett, Sotomayor, and Kagan generally concurred in dissent–the Court held that the obstruction barred by (c)(2) must be tied to impairing the integrity or availability of evidence. [read post]
12 May 2020, 3:23 pm
Justice Elena Kagan echoed Sotomayor’s concerns. [read post]
9 Jun 2015, 12:39 pm
Justice Anthony Kennedy’s opinion, in which Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan joined, concluded that (a) the president has the exclusive power to recognize foreign governments, (b) the power of recognition extends beyond the formal designation to include statements mandated by Congress that would be inconsistent with the official recognition, and (c) Congress has no power, by statute, to interfere with the president’s… [read post]
25 Apr 2024, 12:07 pm
But in response to a question from Justice Elena Kagan about distinguishing this case from net neutrality, Prelogar said: Internet service providers are fundamentally different because they are engaged in transmitting data in order to make websites accessible, and that is not inherently expressive… Now then you might ask, okay, well, what if they want to start discriminating with respect to the service they’re providing for particular types of websites? [read post]
20 Apr 2015, 1:29 pm
This continues through (in order of seniority) Justice Clarence Thomas, Justice Ruth Bader Ginsburg, Justice Stephen Breyer (who sits next to Justice Thomas and often has animated conversations with him), and Justice Sonia Sotomayor, until you get to Justice Elena Kagan, the Court’s junior Justice. [read post]
Justices reverse Wisconsin court ruling that increased majority-Black districts in state legislature
23 Mar 2022, 6:34 pm
In a dissent, Justice Sonia Sotomayor, joined by Justice Elena Kagan, called the ruling “unprecedented” and accused the majority of engaging in an emergency intervention that was “not only extraordinary but also unnecessary. [read post]
20 Apr 2022, 7:09 am
Justice Sonia Sotomayor, joined by Justices Stephen Breyer and Elena Kagan, filed an opinion dissenting from the court’s denial of summary vacatur. [read post]
1 Jul 2024, 9:01 pm
Unlike lower courts, the U.S. [read post]
24 Jan 2025, 9:53 am
” Justice Elena Kagan asked Suri whether the denial of an application to market a tobacco product adversely affects anyone other than the applicant. [read post]
1 Jul 2024, 9:26 am
” But Justice Sonia Sotomayor, in a dissent joined by Justices Elena Kagan and Ketanji Brown Jackson, countered that if a future president “misuses official power for personal gain, the criminal law that the rest of us must abide will not provide a backstop. [read post]
31 May 2023, 5:20 am
Justice Elena Kagan’s dissent in Michigan, however, suggests ambivalence at best. [read post]
30 May 2019, 8:11 am
By a 7-2 margin (meaning it won the support of Justices Stephen Breyer and Elena Kagan), the court summarily reversed the U.S. [read post]
9 Oct 2015, 5:57 am
On October, 5 I participated in an event at the Marquette University Law School entitled “Supreme Court Roundup” with Cato Institute Scholar Ilya Shapiro. [read post]
2 Jul 2024, 12:29 pm
Written by Justice Elena Kagan and joined by a majority of the Court, the opinion also outlines why the 5th U.S. [read post]
7 Jul 2024, 9:06 pm
The principal dissent by Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, takes on every element of the majority’s reasoning, asserting that under its theory of immunity, a President who “orders the Navy’s Seal Team 6 to assassinate a political rival” could not be prosecuted. [read post]
17 Jun 2023, 3:45 am
Little and Rosen argue the Court’s final opinion, written by Justice Elena Kagan, did not explore the intersection of trademark law and humorous expression. [read post]
8 Jun 2023, 10:33 am
Justice Elena Kagan dissented from the decision to block the lower court’s decision, in a 12-page opinion joined by Justices Stephen Breyer and Sonia Sotomayor. [read post]
4 Jul 2023, 9:01 pm
Nebraska, allowed Missouri standing on the ground that under the program a state-chartered entity—the Missouri Higher Education Loan Authority (MOHELA)—would lose money in processing fees that it would otherwise receive.However, as Justice Elena Kagan (for herself and the other two Democratic appointees) observed in dissent, none of the resulting financial loss to MOHELA will be passed on to the state. [read post]
