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28 Mar 2022, 7:25 am by Amy Howe
” Justice Elena Kagan suggested that King’s rule might be using the wrong analysis altogether. [read post]
24 Mar 2022, 7:51 am by Charlotte Garden
” 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 by jonathanturley
” 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]
23 Mar 2022, 6:34 pm by Amy Howe
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, 7:53 am by Howard Bashman
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 by Michael C. Dorf
 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]
22 Mar 2022, 5:23 am by Josh Blackman
Nearly three decades ago, then-Professor Elena Kagan described the routine as "a vapid and hollow charade. [read post]
21 Mar 2022, 7:57 pm by Amy Howe
Justices Elena Kagan and Amy Coney Barrett asked Thompson about the prospect that multiple legislators could try to intervene to represent the state’s interest. [read post]
21 Mar 2022, 5:35 am by Marcia Coyle
Justice Elena Kagan endured her hearings with a quick sense of humor, and she seemed to enjoy the give-and-take with the senators on the committee. [read post]
21 Mar 2022, 5:00 am by jonathanturley
” On the contrary, 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]
14 Mar 2022, 8:15 am by Gabe Roth
(Then-Solicitor General Elena Kagan’s enthusiastic endorsement was and remains an aberration, though it seems that Kagan changed her position after confirmation.) [read post]
14 Mar 2022, 8:15 am by Jeffrey A. Rosen
 Justices Anthony Kennedy and Stephen Breyer explained their skepticism at a 2013 House hearing, and Justice Elena Kagan — alongside Alito at the 2019 House hearing —  did likewise. [read post]
9 Mar 2022, 8:55 am by Steve Lubet
It is entirely possible that several of the others – perhaps Justices Elena Kagan, Stephen Breyer, Amy Coney Barrett, Brett Kavanaugh or Chief Justice John Roberts – have never even observed a complex trial from beginning to end. [read post]
8 Mar 2022, 10:26 am by Daniel Harawa
” Writing for the court, Justice Elena Kagan explained that both the “ordinary meaning” of “occasion,” the structure of ACCA, and the occasion clause’s history dictate this result. [read post]
8 Mar 2022, 4:00 am by SHG
“Consider first how an ordinary person (a reporter; a police officer; yes, even a lawyer) might describe Wooden’s 10 burglaries — and how she would not,” Justice Elena Kagan wrote for eight members of the court. [read post]
” Justice Elena Kagan delivered the court’s opinion, in which Chief Justice John Roberts and Justices Stephen Breyer, Sonia Sotomayor, and Brett Kavanaugh joined. [read post]
7 Mar 2022, 8:39 am by James Romoser
In an opinion by Justice Elena Kagan, the court held that William Dale Wooden did not commit crimes on different “occasions” and thus should not have been subject to a mandatory-minimum sentence under federal law. [read post]
7 Mar 2022, 7:12 am by Howard Bashman
Supreme Court in an argued case: Justice Elena Kagan delivered the opinion of the Court in Wooden v. [read post]
4 Mar 2022, 12:53 pm by Mary Whisner
Judge Jackson would be only the third African American to serve on the Court (after Justices Thurgood Marshall and Clarence Thomas) and the sixth woman (after Justices Sandra Day O'Connor, Ruth Bader Ginsburg, Elena Kagan, Sonia Sotomayor, and Amy Coney Barrett). [read post]