Search for: "Elena Kagan"
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2 Apr 2023, 9:05 pm
“I think that that’s my concern,” Justice Elena Kagan said to Gonzalez’s counsel. [read post]
5 Jul 2022, 5:57 am
(The government’s brief offers appreciable depth along with Justice Elena Kagan’s dissent and the D.C. [read post]
11 Sep 2022, 9:01 pm
No wonder, then, that when nominee Elena Kagan was, in her Senate confirmation hearings in this, the twenty-first, century, discussing the importance of the Constitution’s words themselves in the exercise of judicial review she quipped that “we are all textualists now. [read post]
23 Dec 2016, 9:44 am
Ohio, 16-5580 (over the dissenting votes of Breyer and Justice Elena Kagan), and two-time relist Tyler v. [read post]
20 Mar 2012, 11:43 am
Justice Elena Kagan, noting that the Court has insisted upon a focus on the individual offender when a judge is considering a death sentence, wondered why the same approach should not apply to juveniles faced with a life-without-parole sentence. [read post]
28 May 2021, 6:39 am
” He notes that the California Court of Appeals and Supreme Court disagreed on whether any error in his case constituted structural error, and cites circuit precedent — cited favorably in an opinion dissenting from denial of cert written by Justice Sonia Sotomayor and joined by Justices Ruth Bader Ginsburg and Elena Kagan — that when state appellate judges are “divided on the merits of a constitutional question, issuance of a certificate of appealability… [read post]
28 Aug 2018, 8:13 am
Indeed, that complaint underlies then-Professor Elena Kagan’s famous characterization of the hearings as a “vapid and hollow charade. [read post]
2 Oct 2023, 5:55 am
Justices Brett Kavanaugh, Ketanji Brown Jackson, Sonia Sotomayor, and Elena Kagan concurred with the majority as concerned the Sacketts’ property but, pertaining to the question of the CWA’s scope, wrote in favor of Kennedy’s approach in the Rapanos case. [read post]
22 Jun 2017, 9:20 am
In her opinion, Justice Elena Kagan said that the lawsuit could proceed without the administrative solution required under IDEA, but the lower courts had unsettled issues to consider. [read post]
15 Jun 2020, 9:28 am
Justice Neil Gorsuch wrote for the majority, in an opinion that was joined by Chief Justice John Roberts and Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan. [read post]
7 Jul 2020, 9:01 pm
The Top-30 list includes only one: the late Justice Antonin Scalia.Acknowledging Scalia’s impact on statutory interpretation, Justice Elena Kagan said in 2015 that “we’re all textualists now. [read post]
30 Jun 2014, 2:17 pm
Justice Ruth Bader Ginsburg, the senior Justice in what we often think of as the Court’s more liberal wing, wrote the primary dissent on behalf of that group, which also includes Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan. [read post]
25 Oct 2024, 5:56 am
It is so rare to require any course connected to international or comparative law that Justice Elena Kagan was interrogated at her confirmation hearing for Harvard’s decision to require that students take one. [read post]
10 Jul 2017, 9:43 am
Closing out the month, Justice Elena Kagan spoke at the ABA Deans Workshop in Washington on June 30, where the topic was the future of legal education. [read post]
Symposium: The Supreme Court recognizes but limits disparate impact in its Fair Housing Act decision
26 Jun 2015, 5:58 am
” The Court recognizes disparate impact under the Fair Housing Act Justice Anthony Kennedy wrote for the majority, joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan. [read post]
20 Mar 2019, 12:37 pm
“It’s a very small town where everybody knows everybody, apparently, or many people know many people,” Justice Elena Kagan says to Johnson. [read post]
15 Apr 2007, 7:24 am
To be sure, as Elena Kagan explained in a brilliant article on the Clinton Administration's version of the administrative state, aggressive presidents can try to capture control of some of the executive agencies and use their power to get compatible regulatory changes that have not (and might well not) be approved by Congress, but, at the end of the day, it would indeed be hyperbolic to describe this as "dictatorial," not least because an aroused Congress has a… [read post]
20 Jul 2015, 9:09 pm
(That ruling was decided by a seven-to-one vote, with Justice Elena Kagan not taking part — presumably because she had been involved in the case in lower courts when she was the Solicitor General. [read post]
7 Feb 2017, 9:01 pm
(The dissent by Justice Elena Kagan and joined by the other Democratic appointees protested that the EPA did consider costs.) [read post]
9 Apr 2010, 1:01 pm
Among those rumored to be in contention for the nomination are Solicitor General Elena Kagan and several appeals court judges, including Diane Wood and Merrick Garland.A soft-spoken Republican and former antitrust lawyer from Chicago, Justice Stevens has led liberals on a court that has become increasingly conservative. [read post]
