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7 Apr 2022, 12:43 pm
In contrast, some of Jackson’s other colleagues-to-be received more bipartisan support: Justice Elena Kagan, for example, was confirmed by a vote of 63-37 in 2010, while Chief Justice John Roberts was confirmed by a vote of 78-22 in 2005. [read post]
6 Apr 2022, 4:21 pm
The court’s decision “renders the Court’s emergency docket not for emergencies at all,” Justice Elena Kagan wrote in dissent. [read post]
6 Apr 2022, 6:51 am
As it turns out, Justices Elena Kagan and seven of her colleagues followed the “clear statutory directive” of the FAA and held that federal courts do not have subject matter jurisdiction to confirm or vacate an award under Sections 9 and 10 of the FAA. [read post]
1 Apr 2022, 6:43 pm
In an 8-1 decision authored by Justice Elena Kagan, the court held in Badgerow v. [read post]
1 Apr 2022, 8:55 am
All but Justice Stephen Breyer joined Justice Elena Kagan’s opinion, which narrowed the availability of federal jurisdiction over efforts to confirm or vacate arbitral awards. [read post]
1 Apr 2022, 8:49 am
The argument strongly suggests that some of the justices (Sonia Sotomayor and Elena Kagan, if not also Stephen Breyer) will support the decision of the California courts. [read post]
31 Mar 2022, 7:31 am
Consequently, Justice Elena Kagan did not recuse herself from the Obamacare case, providing the critical vote to uphold it despite having served as President Obama’s solicitor general when the administration was formulating the legal strategy to defend the Affordable Care Act. [read post]
31 Mar 2022, 7:01 am
Supreme Court in an argued case: Justice Elena Kagan delivered the opinion of the Court in Badgerow v. [read post]
30 Mar 2022, 11:23 am
Justice Elena Kagan observed that imposing safety requirements before a locomotive begins its journey seems entirely sensible; the very purpose of the Locomotive Inspection Act is to require precautions “before the train is moving. [read post]
30 Mar 2022, 11:16 am
Justice Elena Kagan asked why there were “two separate buckets” for cases governing the elimination of state sovereign immunity. [read post]
30 Mar 2022, 9:59 am
Justices Sonia Sotomayor and Elena Kagan both observed that even if stevedores weren’t “seamen,” cargo loaders were “railroad employees. [read post]
29 Mar 2022, 6:00 am
Even Justice Elena Kagan said "we are all originalists now. [read post]
28 Mar 2022, 9:01 pm
Nominees deploy what then-Professor Elena Kagan called a “pincer movement,” declining to answer specific questions because doing so supposedly “might forecast a vote and thus contravene the norm of judicial impartiality,” but also refusing to answer general questions because judges deal in concrete cases, not hypotheticals or abstractions. [read post]
28 Mar 2022, 7:25 am
” Justice Elena Kagan suggested that King’s rule might be using the wrong analysis altogether. [read post]
24 Mar 2022, 7:51 am
” It further argues “default” occurs only when a party “violates a clear legal rule or causes prejudice” to the other party – a definition that Justice Elena Kagan suggested was “a bit made up. [read post]
24 Mar 2022, 6:02 am
” It did not matter that I asked precisely that question about Court nominees Samuel Alito, John Roberts, Sonia Sotomayor, Elena Kagan, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. [read post]
Justices reverse Wisconsin court ruling that increased majority-Black districts in state legislature
23 Mar 2022, 6:34 pm
In a dissent, Justice Sonia Sotomayor, joined by Justice Elena Kagan, called the ruling “unprecedented” and accused the majority of engaging in an emergency intervention that was “not only extraordinary but also unnecessary. [read post]
23 Mar 2022, 2:30 pm
Justice Sonia Sotomayor filed a dissenting opinion, joined by Justice Elena Kagan. [read post]
23 Mar 2022, 7:53 am
“Kagan, Biden, Clinton and Other Friends of Walter Dellinger Pay Tribute; In a virtual service honoring the late Walter Dellinger, President Joe Biden declared him as ‘the protector of American democracy,’ and Justice Elena Kagan praised him as a ‘clear-eyed optimist'”: Tony Mauro has this post at his “The Marble Palace Blog. [read post]
23 Mar 2022, 5:30 am
After all, if past ties alone suffice to require recusal, then not only Justice Jackson, but also the following Justices would need to recuse from the Harvard case: Chief Justice Roberts--like Jackson, holding degrees from Harvard College and Harvard Law School, where he was managing editor of the Harvard Law Review; Elena Kagan, also a Harvard Law School alum and, for goodness sake, the former Dean of Harvard Law School; and Neil Gorsuch, yet another Harvard Law School alum.… [read post]
