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7 Jul 2022, 5:07 pm by Christopher Ernst
Justice Elena Kagan, speaking on behalf of a unanimous court, ruled that the lower courts are not allowed to “create arbitration-specific variants of federal procedural rules” and that determining a party’s conduct operated as a waiver was incorrect. [read post]
7 Jul 2022, 10:34 am by Amy Howe
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]
7 Jul 2022, 5:01 am by Peter Margulies
Chief Justice John Roberts wrote for the court, in an opinion that Justices Stephen Breyer, Elena Kagan, and Sonia Sotomayor joined. [read post]
6 Jul 2022, 11:10 am by Michael Ehline
These included Justices John Roberts, Samuel Alito, Clarence Thomas, Elena, Kagan, Samuel, Alito, Sonia Sotomayor, Brett Kavanaugh, Amy, Coney Barret, and Neil Gorsuch. [read post]
5 Jul 2022, 10:09 pm by Josh Blackman
" Harvard Law School, The Antonin Scalia Lecture Series: A Dialogue with Justice Elena Kagan on the Reading of Statutes (Nov. 25, 2015). [read post]
5 Jul 2022, 9:59 am by Steve Lubet
” Justice Sonia Sotomayor‘s dissenting opinion, joined by Justices Elena Kagan and Stephen Breyer, clearly revealed the flaws in the majority’s “toothless version of the coercion analysis,” which failed to acknowledge the “unique pressures faced by students when participating in school-sponsored activities. [read post]
5 Jul 2022, 5:57 am by Craig Green
(The government’s brief offers appreciable depth along with Justice Elena Kagan’s dissent and the D.C. [read post]
4 Jul 2022, 9:00 pm by Austin Sarat
”Justice Elena Kagan, writing for the majority, said: The mandatory penalty schemes at issue here prevent the sentencer from taking account of these central considerations. [read post]
3 Jul 2022, 5:21 pm by Angie Gou
Justice Elena Kagan, generally known for rarely writing concurrences, wrote four of them this term, along with seven dissents and six majority opinions. [read post]
2 Jul 2022, 6:01 am by Benjamin Pollard
Jen Patja Howell shared an episode of the Lawfare Podcast in which Benjamin Wittes sat down with Natalie Orpett, Roger Parloff, David Priess, and Alan Rozenshtein to discuss day six of the Jan. 6 committee hearings: Elena Kagan shared an episode of Lawfare No Bull which features audio of the Jan. 6 select committee’s sixth hearing: Benjamin Pollard shared a livestream of the hearing. [read post]
1 Jul 2022, 1:07 pm by Benjamin Pollard
Roberts wrote the majority opinion, joined by Justices Stephen Breyer, Elena Kagan, Brett Kavanaugh, and Sonia Sotomayor. [read post]
1 Jul 2022, 12:40 pm by Jonathan H. Adler
Justice Elena Kagan wrote a powerful dissent, challenging the majority's interpretation of the Clean Air Act and its express reliance on the "major questions doctrine" to narrow the scope of EPA's authority. [read post]
30 Jun 2022, 3:44 pm by Amy Howe
Justices Stephen Breyer and Elena Kagan joined Sotomayor’s dissent from the denial of review in Ramirez v. [read post]
’ Justices Elena Kagan, Sonia Sotomayor, and Stephen Breyer dissented, saying, “[t]he majority claims it is just following precedent, but that is not so. [read post]
30 Jun 2022, 9:57 am by Amy Howe
” Justice Elena Kagan dissented, in an opinion joined by Justices Stephen Breyer and Sonia Sotomayor. [read post]
30 Jun 2022, 7:31 am by Rick Hasen
” Harvard Law School, The Antonin Scalia Lecture Series: A Dialogue with Justice Elena Kagan on the Reading of Statutes… Continue reading [read post]
30 Jun 2022, 7:01 am by Howard Bashman
And Justice Elena Kagan issued a dissenting opinion, in which Justices Stephen G. [read post]
29 Jun 2022, 3:26 pm by Suzanna Sherry
” Justice Elena Kagan’s concurrence in Torres notes that the decisions in the area “have not followed a straight line. [read post]
29 Jun 2022, 9:35 am by Matthew L.M. Fletcher
Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan joined Gorsuch’s dissent. [read post]