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13 Jun 2022, 11:07 am
The opinion, penned by Justice Elena Kagan, eliminates a circuit split where nine circuits — including the First, Second, Third, Fourth, Fifth, Sixth, Eighth, Ninth, and Eleventh Circuits — required a showing of prejudice, while two circuits — including the D.C. and Seventh Circuits — did not. [read post]
13 Jun 2022, 10:10 am
In a 25-page dissent joined by Justices Stephen Breyer and Elena Kagan, Sotomayor conceded that decisions reversing the lower court without briefing and oral argument are rare. [read post]
13 Jun 2022, 9:56 am
.'” Justice Neil Gorsuch dissented, joined in part by Justices Sonia Sotomayor and Elena Kagan. [read post]
13 Jun 2022, 9:21 am
” Sotomayor (joined in full by Justice Elena Kagan and in part by Breyer) filed an opinion partially concurring in the judgment and partially dissenting. [read post]
13 Jun 2022, 8:43 am
Justice Neil Gorsuch wrote a dissent, which was joined in part by Justices Sonia Sotomayor and Elena Kagan. [read post]
13 Jun 2022, 7:01 am
Gorsuch issued a dissenting opinion, in which Justices Sonia Sotomayor and Elena Kagan joined in part. [read post]
13 Jun 2022, 6:31 am
Breyer and Elena Kagan joined, from the denial of certiorari. [read post]
10 Jun 2022, 8:14 am
The vote came out 7-2, with Justice Thomas joined by the other five conservatives and Justice Elena Kagan. [read post]
9 Jun 2022, 10:27 pm
” Dissent Justice Neil Gorsuch authored a strongly-worded dissent, which was joined by Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan. [read post]
9 Jun 2022, 4:08 pm
Gorsuch spent two weeks in Iceland for George Mason’s National Security Institute in July, while Justice Elena Kagan spent six days that month in Iceland with the same group. [read post]
8 Jun 2022, 6:42 pm
Justice Clarence Thomas wrote for a five-justice majority; Justice Neil Gorsuch concurred in the judgment; Justice Sonia Sotomayor concurred in the judgment in part and dissented in part for Justices Stephen Breyer and Elena Kagan. [read post]
8 Jun 2022, 9:05 am
Justice Sonia Sotomayor, joined by Justices Stephen Breyer and Elena Kagan, concurred in part and dissented in part. [read post]
3 Jun 2022, 10:19 am
” Justice Elena Kagan wrote on behalf of the unanimous Court. [read post]
3 Jun 2022, 1:42 am
Conservative Republican-appointed justices currently hold a 6-3 majority, with Jackson joining liberal-leaning Justices Sonia Sotomayor and Elena Kagan in the minority. [read post]
2 Jun 2022, 9:00 pm
Justice Alito’s draft, which apparently was circulated with the Court on the assumption that the Chief’s vote was not required to make a majority, rejects such a right and would subject all abortion regulations only to so-called “rational-basis” review.Given the (almost certain) desire of Justices Stephen Breyer, Elena Kagan, and Sonia Sotomayor to preserve (or expand) abortion rights from where they sit right now under Planned Parenthood v. [read post]
1 Jun 2022, 5:00 am
Meanwhile, Justice Samuel Alito wrote a dissent that was joined by fellow conservatives Clarence Thomas and Neil Gorsuch, and liberal Justice Elena Kagan also dissented without offering a written justification. [read post]
1 Jun 2022, 3:41 am
Signup to receive the Early Edition in your inbox here. [read post]
31 May 2022, 7:13 pm
Justice Elena Kagan voted against the ruling but did not join Justice Alito’s dissent. [read post]
31 May 2022, 6:06 pm
Justice Elena Kagan dissented without opinion. [read post]
31 May 2022, 4:24 pm
The ruling says separately that "Justice [Elena] Kagan would deny the application to vacate stay," but Kagan did not join Alito's dissent.Read 12 remaining paragraphs | Comments [read post]