Search for: "Elena Kagan"
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8 Dec 2021, 1:42 pm
” Justice Elena Kagan made a similar point. [read post]
8 Dec 2021, 1:01 pm
” Justices Stephen Breyer and Elena Kagan imagined scenarios involving fake guns, which in Breyer’s telling might be purchased from Amazon and fashioned from either wood or marshmallows. [read post]
7 Dec 2021, 5:54 pm
On the statutory text, Justice Elena Kagan asked Fleming if there are other places in the statute and regulations to confirm that the phrase “any judgment regarding the granting of relief” applies only to the step 2 discretionary decision. [read post]
7 Dec 2021, 2:24 pm
By contrast, another group of justices, principally Justices Elena Kagan and Sonia Sotomayor, sees straightforward allegations that Northwestern failed to use reasonable care to advance the interests of its employees in their retirement fund, suggesting that cases like this one generally benefit affected employees by improving the performance of their retirement plans. [read post]
6 Dec 2021, 9:01 pm
The Democratic appointees—Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan—will surely vote to retain the status quo. [read post]
2 Dec 2021, 2:17 pm
One line of questioning — pursued by Justices Amy Coney Barrett, Elena Kagan, and Brett Kavanaugh, among others — involved the level of generality at which the court should conduct its inquiry into the traditional availability of emotional distress damages. [read post]
1 Dec 2021, 4:22 pm
Two of the three lawyers arguing today clerked on the high court (Prelogar for Justices Ruth Bader Ginsburg and Elena Kagan, and Stewart for Justice Clarence Thomas). [read post]
1 Dec 2021, 1:30 pm
Justice Roberts was appointed as a conservative believed to be pro-life but has proven to be a justice siding with the left-leaning justices Elena Kagan, Stephen Breyer, and Sonia Sotomayor. [read post]
1 Dec 2021, 10:04 am
The court’s three liberal justices – Stephen Breyer, Sonia Sotomayor, and Elena Kagan – emphasized the importance of stare decisis, the principle that courts should adhere to prior precedent except under limited and extraordinary conditions. [read post]
30 Nov 2021, 4:53 pm
Justice Elena Kagan may have summed up the mood most pithily: “The provision says, if you have survey data, you do one thing” — pay acquisition costs — “and if you don’t have survey data, you do a different thing” — pay the average sales price plus 6%. [read post]
30 Nov 2021, 3:22 pm
Roberts, Thomas, and Justice Elena Kagan all retuned to the issue of trying to square HHS’s definition of “entitled to” with the rest of the Medicare Act. [read post]
19 Nov 2021, 6:30 am
Supreme Court Justice Elena Kagan Judges Moot Court Competition at Harvard Law (Emmy M. [read post]
18 Nov 2021, 9:56 am
Supreme Court Justice Elena Kagan Judges Moot Court Competition at Harvard Law”: Emmy M. [read post]
10 Nov 2021, 3:42 pm
Shanmugam’s response to Roberts led Justice Elena Kagan to frame the dilemma before the court. [read post]
9 Nov 2021, 7:24 pm
Town of Gilbert, however, and Justice Elena Kagan warned that the Supreme Court could become “a veritable Supreme Board of Sign Review. [read post]
9 Nov 2021, 1:46 pm
Unlike Kavanaugh, Justices Stephen Breyer and Elena Kagan appeared to be persuaded by Kretzer’s argument that Texas had allowed spiritual advisers in prior executions to touch the inmate and audibly pray. [read post]
9 Nov 2021, 1:23 pm
At least five justices — Roberts, Breyer, Samuel Alito, Elena Kagan, and Amy Coney Barrett — asked some form of the following question: Is Congress really required to treat all states and territories on equal terms, and if so, wouldn’t numerous federal benefits programs (not to mention other federal laws) be in jeopardy? [read post]
9 Nov 2021, 6:47 am
Justice Elena Kagan, for example, wasn’t “sure how much of a difference there really is in this context” between the question pressed in the petition and the arguments in the brief, and Justice Brett Kavanaugh found the criticism of the shifting arguments “farfetched,” especially for a case presenting “a really important question” with briefs that put “everything in front of us. [read post]
8 Nov 2021, 4:42 pm
When Kneedler argued that the statute dealt with suppression, rather than the production, of information, Justice Elena Kagan asked, “Why isn’t it about both? [read post]
8 Nov 2021, 9:59 am
Four justices — Justices Stephen Breyer, Sonia Sotomayor, Elena Kagan and Amy Coney Barrett — all signed an opinion, written by Kagan, that said the state failed to adequately justify its policy of barring spiritual advisers from the execution chamber. [read post]
