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Chief Justice John Roberts, and Justices Elena Kagan, Sonia Sotomayor and Stephen Breyer dissented. [read post]
7 Feb 2022, 5:43 pm by Amy Howe
Justice Elena Kagan wrote a 12-page dissent that was joined by Justices Stephen Breyer and Sonia Sotomayor. [read post]
3 Feb 2022, 7:58 pm by Ediberto Roman
Justices Elena Kagan and Stephen Breyer are very skilled at this stratagem. [read post]
3 Feb 2022, 2:28 pm by Steve Lubet
We were encouraged when, nearly three years ago, Justice Elena Kagan told a House Appropriations Subcommittee that you were “studying the question of whether to have a Code of Judicial Conduct that’s applicable only to the United States Supreme Court” and that it’s “something that’s being thought very seriously about. [read post]
28 Jan 2022, 8:40 am
I'm remembering the argument Professor Tribe made in 2010, when Obama got his first nomination and it seemed as though he was going to pick Sonia Sotomayor: It would be better to pick Elena Kagan, because she'd have more "of a purchase on Tony Kennedy's mind. [read post]
27 Jan 2022, 9:03 pm by Katelynn Catalano
The Supreme Court previously upheld the University of Texas at Austin’s use of race in its admissions process in 2016 by a vote of four to three following the death of Justice Antonin Scalia and the recusal of Justice Elena Kagan. [read post]
27 Jan 2022, 8:29 pm by Ellena Erskine
  Justice Elena Kagan wrote a three-page dissent that was joined by Justices Stephen Breyer and Sonia Sotomayor. [read post]
27 Jan 2022, 11:59 am by Neil Schoenherr
Epstein “Because all the potential nominees are ideologically fairly close to Breyer and Justice Elena Kagan, none are well-positioned, at least in the short term, to move the court’s center of power to the left,” the authors wrote. [read post]
27 Jan 2022, 6:48 am by Jonathan H. Adler
All but one (Elena Kagan) came to the Court with significant appellate court experience, and she had experience with federal appellate courts as Solicitor General. [read post]
26 Jan 2022, 9:46 am by Amy Howe
In an opinion joined in full by Justices Anthony Kennedy, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan, Breyer, who spent a year as the chief counsel to the Senate Judiciary Committee before becoming a judge, stressed that the justices were reluctant “to upset the compromise and working arrangements that the elected branches of Government themselves have reached,” particularly when the Supreme Court had not previously weighed in on the meaning of the… [read post]
25 Jan 2022, 5:14 am by Marcia Coyle
(Justice Antonin Scalia died that year and Justice Elena Kagan did not participate because of her previous involvement as U.S. solicitor general). [read post]
24 Jan 2022, 8:01 am by Bridget Dooling
But in their dissenting opinion, Justices Stephen Breyer, Elena Kagan and Sonia Sotomayor had no trouble conceiving of the OSHA rule as an appropriate workplace measure, remarking on how the “menace” of the virus has “transformed” workplaces. [read post]
23 Jan 2022, 6:30 am by Guest Blogger
If one is sensitive to the case made by Elena Kagan’s critique of the American style of policy-making characterized by endless litigation, then the French system is perfect because it ensures complete legal security to the policies made by the executive. [read post]
21 Jan 2022, 12:17 pm by John Floyd
  “At oral argument, Justice Elena Kagan, for instance, one of the Court’s best questioners, sometimes just shuts down rather than alienate her colleagues. [read post]
20 Jan 2022, 2:30 pm by Amy Howe
Three justices – Stephen Breyer, Sonia Sotomayor and Elena Kagan – indicated that they would have granted the providers’ request. [read post]
19 Jan 2022, 8:53 pm by Josh Blackman
Justice Ginsburg asked Elena Kagan, the Solicitor General and future-Justice, "if Congress could say 'no TV and radio ads,' could it also say 'no newspaper ads, no campaign biographies'? [read post]
19 Jan 2022, 4:35 pm by Amy Howe
In Justice Elena Kagan’s view, the loan-repayment limit was more like a “restriction on how a candidate can use third parties to finance his speech, which is exactly what contribution limits are,” than it is like spending by the candidate. [read post]
19 Jan 2022, 9:38 am by Suzanna Sherry
Both Justice Elena Kagan and Justice Clarence Thomas asked how a sovereign could be treated “in the same manner” as a private party if a different set of laws applied. [read post]