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4 Aug 2022, 4:00 am by Josh Blackman
He would appoint two Justices to the Supreme Court: Sonia Sotomayor and Elena Kagan. [read post]
3 Aug 2022, 6:43 am by Ellena Erskine
Supreme Court to protect affirmative action (Karen Sloan, Reuters) Justice Elena Kagan has a prescription for an ailing Supreme Court (Jessica Levinson, MSNBC) The post The morning read for Wednesday, Aug. 3 appeared first on SCOTUSblog. [read post]
2 Aug 2022, 10:11 am by Howard Bashman
“Justice Elena Kagan has a prescription for an ailing Supreme Court; We are no longer nearing a crisis in confidence regarding the Supreme Court — we are already there”: Law professor Jessica Levinson has this essay online at MSNBC. [read post]
2 Aug 2022, 8:25 am by jonathanturley
The poll comes after the surprising comments of Justice Elena Kagan that the Court may be losing legitimacy by bucking public opinion on issues like abortion. [read post]
2 Aug 2022, 6:30 am by Guest Blogger
For that matter, Justices Breyer, Kagan, and Sotomayor, as well as Justice Brown Jackson (while a federal judge), use those canons with increasing frequency in statutory interpretation cases as well.[17]Recognizing that fact, Justice Elena Kagan and a leading nontextualist scholar of statutory interpretation, Professor William Eskridge, have quipped, “[w]e’re all textualists now” (well, before walking that statement back in dissent to this past… [read post]
29 Jul 2022, 7:37 am by Bob Ambrogi
Those available include Samuel Alito, Stephen Breyer, Neil Gorsuch, Elena Kagan, Brett Kavanaugh, Anthony Kennedy, Thurgood Marshall, Sandra Day O’Connor, William Rehnquist, John Roberts, Antonin Scalia, Sonia Sotomayor, David Souter, John Paul Stevens, Clarence Thomas, and Earl Warren. [read post]
24 Jul 2022, 9:05 pm by Thomas O. McGarity
In her dissenting opinion, Justice Elena Kagan argued that Congress’s use of the word “system” suggested that Congress contemplated approaches such as generation shifting to limit emissions. [read post]
24 Jul 2022, 3:00 pm by Stacey Matthews
" The post Justice Elena Kagan: SCOTUS Losing ‘All Connection … With Public Sentiment’ Is ‘Dangerous’ for America first appeared on Le·gal In·sur·rec·tion. [read post]
23 Jul 2022, 9:51 am by Benjamin Pollard
Elena Kagan shared an episode of Lawfare No Bull which featured audio from the Jan. 6 committee’s eighth public hearing: Jen Patja Howell shared an episode of the Lawfare Podcast in which Wittes, Orpett, Jurecic, Molly Reynolds, and David Priess discussed the Jan. 6 committee’s eighth public hearing. [read post]
Justices Amy Coney Barrett, Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson dissented from the majority. [read post]
22 Jul 2022, 5:14 pm by Howard Bashman
“Justice Elena Kagan on Public Confidence in Supreme Court”: C-SPAN has posted online this video of Justice Elena Kagan’s appearance yesterday at the Ninth Circuit’s Judicial Conference. [read post]
22 Jul 2022, 1:29 pm
Supreme Court Justice Elena Kagan told the 9th Circuit Judicial Conference on Thursday that it’s up to the court itself to restore flagging public approval by acting differently. [read post]
22 Jul 2022, 7:27 am by jonathanturley
Supreme Court Justice Elena Kagan made a curious and concerning comment this week about how the Supreme Court’s legitimacy depends on the consistency of its judicial opinions with public opinion. [read post]
21 Jul 2022, 5:47 pm by Amy Howe
Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett, and Ketanji Brown Jackson indicated that they would have granted the request. [read post]
21 Jul 2022, 6:45 am by James Romoser
Gans, The Atlantic) The end of affirmative action at colleges could be a good thing (David Von Drehle, The Washington Post) Elena Kagan’s Valid Critique of the Supreme Court’s ‘Shadow Docket’ (Damon Root, Reason) U.S. [read post]
18 Jul 2022, 9:05 pm by Richard J. Pierce, Jr.
One of the arguments that Justice Elena Kagan made in her dissent is the same one that many scholars make about the majority opinion—the Court should have deferred to the agency because of the agency’s expertise. [read post]
17 Jul 2022, 9:05 pm by Allison K. Hoffman
After poking fun at the complexity of the issue, Justice Elena Kagan wrote the majority opinion—joined by Justices Clarence Thomas, Sonia Sotomayor, Amy Coney Barrett, and Kavanaugh—that held that the HHS rule was consistent with the language in context with the Medicare statute. [read post]
The Act quotes the dissenting opinion of now-former Justice Stephen Breyer, and Justices Sonia Sotomayor and Elena Kagan, stating that “one result of [the] decision is certain; the curtailment of women’s rights, and of their status as free and equal citizens. [read post]
15 Jul 2022, 2:25 pm by Matt Gluck
Benjamin Pollard shared a livestream of the seventh House select committee hearing on the Jan. 6 insurrection: Elena Kagan shared an episode of Lawfare No Bull featuring the substantive audio from the committee’s hearing: And Katherine Pompilio shared an episode of the Lawfare Podcast, in which Lawfare Editor-in-Chief Benjamin Wittes moderated a conversation with Lawfare Executive Editor Natalie Orpett and Senior Editors Scott Anderson, Quinta Jurecic, and Roger Parloff… [read post]