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29 Apr 2022, 7:51 am
Justice Elena Kagan likewise opined that any college located abroad would qualify as a “foreign university,” even if the school is privately run. [read post]
28 Apr 2022, 8:36 am
Justice Stephen Breyer dissented, joined by Justices Sonia Sotomayor and Elena Kagan. [read post]
28 Apr 2022, 5:45 am
On the second, narrower historical context primarily advanced by Castro-Huerta, Justices Elena Kagan and Sonia Sotomayor focused on the history of the GCA itself. [read post]
27 Apr 2022, 11:48 am
Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan appeared to line up behind Nance. [read post]
26 Apr 2022, 2:40 pm
But Justice Elena Kagan wasn’t buying it. [read post]
26 Apr 2022, 1:34 pm
., Justice Elena Kagan is wearing a mask for the first time since the sitting right after the holidays, when the omicron variant of COVID-19 prompted Sotomayor to participate from her chambers, and all but one of her colleagues to don a mask in the courtroom. [read post]
25 Apr 2022, 7:10 pm
” John Fritze of USA Today reports that “Supreme Court appears sympathetic to high school football coach ousted after midfield prayers; Associate Justice Elena Kagan, part of the court’s liberal wing, questioned whether players felt any pressure to join the coach’s religious expression. [read post]
25 Apr 2022, 5:59 pm
Justice Elena Kagan suggested that the focus on whether Kennedy’s prayers were “government speech” was misplaced. [read post]
25 Apr 2022, 4:36 pm
Over the objection of Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan, the court refused to step in and put Kacsmaryk’s order on hold. [read post]
25 Apr 2022, 12:55 pm
Martinez’s Dickerson disdain was not lost on Justice Elena Kagan, who reminded Martinez that the Dickerson 7-2 decision “is the relevant precedent here. [read post]
22 Apr 2022, 7:35 am
Perhaps the most important part of the case is how Justice Neil Gorsuch, writing for a six-member majority, sets the stage for future narrowing of the scope of the Great Writ – a choice that prompted a fiery dissent from Justice Elena Kagan (joined by Justices Stephen Breyer and Sonia Sotomayor). [read post]
21 Apr 2022, 2:30 pm
Justice Elena Kagan authored the unanimous nine-page opinion in Cassirer v. [read post]
21 Apr 2022, 6:38 am
The other justices were fairly quiet during oral argument, although Justices Elena Kagan and Amy Coney Barrett both expressed skepticism about George’s argument, while Justice Sonia Sotomayor appeared somewhat sympathetic to his position. [read post]
20 Apr 2022, 7:09 am
Justice Sonia Sotomayor, joined by Justices Stephen Breyer and Elena Kagan, filed an opinion dissenting from the court’s denial of summary vacatur. [read post]
20 Apr 2022, 6:57 am
Justice Elena Kagan was even more pointed, describing the challenged arrangement as “a top-down imposition of a fee structure that predictably can’t help but disadvantage both debtors and creditors in 48 states as compared to two states. [read post]
20 Apr 2022, 6:46 am
In this context, Justice Elena Kagan was moved to wonder if the case should be certified to the Washington Supreme Court for an authoritative opinion on the retroactive application of S.B. 5890 under Washington law. [read post]
18 Apr 2022, 2:51 pm
Justice Sonia Sotomayor dissented, in a seven-page opinion joined by Justices Stephen Breyer and Elena Kagan. [read post]
18 Apr 2022, 6:41 am
Breyer and Elena Kagan joined, from the denial of summary vacatur. [read post]
14 Apr 2022, 8:49 am
Writing for the dissenting Justices, which included Chief Justice John Roberts, Justice Elena Kagan criticized the ruling as an abuse of the Court’s emergency docket, stating that the appellants had failed to identify any actual harm that the stay threatened while the appeal was pending. [read post]
7 Apr 2022, 9:04 pm
Justice Elena Kagan and three other justices dissented, criticizing the majority’s use of the Court’s emergency docket—otherwise known as its shadow docket—claiming the majority made a determination of the case on the merits “without full briefing and argument” and that this decision “renders the Court’s emergency docket not for emergencies at all. [read post]
