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31 Aug 2016, 7:53 am by Roger Clegg
The new Justice will line up with Chief Justice John Roberts and Justices Samuel Alito and Clarence Thomas, who are pretty much categorically opposed to such discrimination, and will be in opposition to Justices Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan, and Sonia Sotomayor, who can be counted on to defend politically correct racial preferences more or less categorically. [read post]
18 Jun 2020, 9:44 am by Amy Howe
Roberts and three of the more liberal justices – Justices Ruth Bader Ginsburg, Stephen Breyer and Elena Kagan – rejected the DACA recipients’ claim that the Trump administration’s decision to end DACA violated the Constitution because it was motivated by an intent to discriminate. [read post]
12 Jan 2016, 10:53 am by Howard M. Wasserman
First, Heffernan argues that the purpose of the First Amendment is to prevent government from acting with an improper purpose, citing to an article that Justice Elena Kagan wrote while teaching at the University of Chicago. [read post]
16 Jul 2020, 9:00 pm by Joanna L. Grossman
There has been a nine-year battle over whether employers who provide insurance must include prescription contraceptives at no cost to the patients. [read post]
19 Feb 2013, 9:01 pm by Rodger Citron
John Marshall, Oliver Wendell Holmes, and Benjamin Cardozo are among the Supreme Court justices who have grappled with how to interpret the jurisdictional phrase “arising under. [read post]
22 Sep 2016, 12:22 pm by Rory Little
— Meanwhile, Elizabeth Prelogar, who will argue for the United States here, clerked for Stevens’s replacement Elena Kagan – and prior to that, for Justice Ruth Bader Ginsburg. [read post]
27 Mar 2012, 2:41 pm by Lyle Denniston
Breyer was the most vigorous defender of Congress’s power to select the mandate as the key piece in the new health care law’s regulation of the insurance industry, but almost equally in its favor were Justices Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor. [read post]
21 Oct 2010, 3:15 am by Guest Blogger
” When our newest Justice, Elena Kagan, encourages us to embrace a strong form of presidential unilateralism, it is tempting to take her word for it.But, as Sandy says, we should not succumb to this temptation. [read post]
28 Mar 2012, 3:56 pm by Lyle Denniston
From Justice Elena Kagan’s opening questions about what could be coercive about the federal government offering the states “a boatload of money,” to Justice Ruth Bader Ginsburg’s comment that Congress has many times expanded Medicaid coverage and attached conditions, to Justice Stephen G. [read post]
21 Nov 2016, 7:18 pm by Nora Demleitner
Because Justice Elena Kagan is recused, a seven-member court will render a decision. [read post]
21 Nov 2016, 7:05 am by Nora Demleitner
Because Justice Elena Kagan is recused, a seven-member court will render a decision. [read post]
12 Jan 2018, 12:54 pm by Amy Howe
Four of them, however, were more skeptical: Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan all indicated that they would have denied the state’s request. [read post]
24 Sep 2010, 7:09 am by Sandy Levinson
(This is the brunt of Elena Kagan's brilliant article in the Harvard Law Revivew on presidential administration.)So how far does one extend this unhappy analogy? [read post]
22 Aug 2011, 7:16 am by David Lat
I can only imagine how pleased they are to have acquired someone with Professor Leiter’s unique set of talents.If you click on the link for “this piece,” you’ll come across a (very interesting) critical look at the pre-SCOTUS career of Elena Kagan — written by none other than Paul Campos.Should Professor Campos’s authorship of Inside the Law School Scam come as a surprise? [read post]
7 May 2021, 3:11 pm by Ekow Yankah
He later reiterated this point in fending off similar questions from Justice Elena Kagan and pointed out that the retroactive provisions had already been applied in similar cases in the restructured higher-tiered offenses. [read post]
11 Jan 2012, 8:33 am by Lyle Denniston
Analysis Closing the courthouse door much of the way, but not completely, to workplace bias lawsuits by church employees who act as ministers to their denominations, the Supreme Court on Wednesday unanimously gave its blessing — for the first time — to a “ministerial exception” to federal, state, and local laws against virtually all forms of discrimination on the job. [read post]
26 May 2011, 10:51 am by Lyle Denniston
  (Justice Elena Kagan, who in her former role as U.S. [read post]
23 Jan 2018, 10:56 am by Robert Yablon
Chief Justice John Roberts and Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan joined Ginsburg’s opinion. [read post]
28 Apr 2017, 6:01 am by John Duffy
In a surprise to virtually no one, the oral argument in the consolidated patent cases Sandoz v. [read post]