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15 Jan 2022, 7:36 am by Susan C. Morse
Justice Elena Kagan asked directly: What would it take to make the statute jurisdictional? [read post]
14 Jan 2022, 7:04 am by Tammy Binford, Contributing Editor
An employer’s decision to adopt such a policy may reduce illness and absenteeism and, as Justice Elena Kagan noted from the bench, may encourage employees to return to the workplace, Schickman says. [read post]
13 Jan 2022, 9:03 pm by Henry Miller
In their dissent, Justice Stephen Breyer, Justice Sonia Sotomayor, and Justice Elena Kagan stated that this decision “seriously misapplies the applicable legal standards” and expressed that halting the mandate “stymies the Federal Government’s ability to counter the unparalleled threat that COVID-19 poses to our Nation’s workers. [read post]
13 Jan 2022, 1:41 pm by Amy Howe
Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan penned a rare joint dissent in which they complained that employees, “more than any others,” have “little control, and therefore little capacity to mitigate risk” from the spread of COVID-19. [read post]
13 Jan 2022, 1:14 pm by Katherine Pompilio
  Elena Kagan and Alan Rozenshtein analyzed the five-hour Thompson v. [read post]
12 Jan 2022, 2:24 pm by Shalini Bhargava Ray
Justice Elena Kagan questioned the government’s reliance on Demore, noting the Office of the Solicitor General’s submission of erroneous data in that case. [read post]
12 Jan 2022, 4:41 am by SHG
 In a 2013 unanimous opinion, Justice Elena Kagan wrote that fears about false positives are misguided because most dogs are certified by accrediting organizations. [read post]
11 Jan 2022, 11:37 am
Chief Justice John Roberts and Justice Elena Kagan kept theirs on the entire time. [read post]
11 Jan 2022, 10:21 am by Ronald Mann
” For example, Justice Elena Kagan (talking to counsel for the injured Giannina Gallardo) commented that it seemed more sensible to read the statute as describing the kinds of things that Medicaid covers – a “service distinction” rather than a “past/future distinction. [read post]
11 Jan 2022, 9:38 am by Susan C. Morse
In Kwai Fun Wong, which involved a claim under the Federal Tort Claims Act, the Justice Elena Kagan wrote for the majority that to the extent the FTCA was special, it cut in favor of equitable tolling. [read post]
10 Jan 2022, 3:35 pm by Anna E. Bullock
Justice Elena Kagan began with questions emphasizing vaccine efficacy and focusing on a near million fatalities attributed to COVID-19. [read post]
7 Jan 2022, 6:03 pm by Mark Walsh
Chief Justice John Roberts and Justices Stephen Breyer, Samuel Alito, and Amy Coney Barrett wear white masks, while Justices Clarence Thomas, Elena Kagan, and Brett Kavanaugh wear black or dark ones that clash a little less with their robes. [read post]
7 Jan 2022, 1:11 pm by Andrew Hamm
The Biden administration sought a stay of that order in the Supreme Court, but the justices rejected that request over the dissent of Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan. [read post]
25 Dec 2021, 4:00 am by Josh Blackman
11/24/2009: Justice Elena Kagan "was probably at a Chinese restaurant. [read post]
Justices Sonia Sotomayor and Elena Kagan dissented, writing that the in-person requirement “imposes an unnecessary, unjustifiable, irrational, and undue burden on women seeking an abortion during the current pandemic. [read post]
16 Dec 2021, 2:44 pm by Ram Eachambadi | JURIST Staff
Both the decisions invited scathing dissents from Justice Sonia Sotomayor and Chief Justice John Roberts who criticized the massive breadth afforded to private citizens in enforcing SB8 and “the breathtaking act of defiance—of the Constitution, of this Court’s precedent…” Justice Elena Kagan in her dissent in the first suit also criticized the majority for passing its order “Without full briefing or argument, and after less than 72 hours’… [read post]
14 Dec 2021, 5:30 pm by Amy Howe
The state’s request goes to Justice Elena Kagan, who handles emergency appeals from the 9th Circuit. [read post]
10 Dec 2021, 11:11 am by Amy Howe
Chief Justice John Roberts filed an opinion that was joined by the court’s three liberal justices – Stephen Breyer, Sonia Sotomayor, and Elena Kagan. [read post]
9 Dec 2021, 4:34 pm by Noam Biale
Justices Sonia Sotomayor and Elena Kagan indicated agreement with Ramirez and Jones’ position that the statute must be read in conjunction with the court’s precedents. [read post]