Search for: "Elena Kagan"
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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]
4 Nov 2021, 10:32 am
Justice Elena Kagan, for example, found it “a little backwards,” because “you put diversity cases in the federal court system and you take all the cases that involve federal questions and say, oh, the federal courts don’t have anything to do with those cases? [read post]
3 Nov 2021, 10:43 am
Justice Elena Kagan resisted. [read post]
3 Nov 2021, 10:26 am
Justice Sonia Sotomayor, joined by Justices Stephen Breyer and Elena Kagan, filed an opinion dissenting from denial of review. [read post]
1 Nov 2021, 4:30 pm
This is in keeping with the precedent set by one of Prelogar’s mentors, Justice Elena Kagan, who declined to wear the morning attire when she became solicitor general in 2009. [read post]
1 Nov 2021, 1:40 pm
Justice Elena Kagan seemed to summarize the problem before the court, as well as the sentiment of several of her colleagues, when she observed that the “entire point of” S.B. 8 is to “find the chink in the armor” of Ex parte Young, a 1908 Supreme Court case allowing lawsuits in federal courts against state officials to bar them from enforcing unconstitutional laws, but prohibiting injunctions against state courts. [read post]
1 Nov 2021, 6:31 am
United States, No. 20-1704, Justice Sonia Sotomayor issued a statement, in which Justice Elena Kagan joined, respecting the denial of certiorari. [read post]
28 Oct 2021, 7:17 pm
Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan dissented. [read post]
28 Oct 2021, 4:37 pm
She also held two Supreme Court clerkships, clerking for Justices Ruth Bader Ginsburg and Elena Kagan. [read post]
25 Oct 2021, 9:39 am
It seems unlikely that Roberts, Justice Stephen Breyer, and Justice Elena Kagan are any more at peace with the S.B. 8 scheme now than they were in early September. [read post]
24 Oct 2021, 2:28 pm
“An officer must consider all the circumstance in a pursuit case to determine whether there is a law enforcement emergency,” Justice Elena Kagan wrote for a majority of the court. [read post]
18 Oct 2021, 1:04 pm
” In an opinion joined by Justices Stephen Breyer and Elena Kagan, he argued that by ceding authority to enforce the law to private citizens, the law “insulate[s] the State from responsibility. [read post]
15 Oct 2021, 8:07 am
Justice Elena Kagan – the only justice who seemed to state a settled view during the argument – seconded Roberts’ perspective, commenting “that we can sort of make this simpler” by following his lead, “and this is the way I read the language too. [read post]
Centaurs, Jean Valjean, and a proposed three-sentence ruling on the meaning of favorable termination
13 Oct 2021, 2:58 pm
Thomas, Gorsuch, and Justice Elena Kagan returned Ellis to the nature of the right, the elements of the claim, and whether the court could assume antecedent issues to focus on the later favorable-termination issue. [read post]
13 Oct 2021, 12:32 pm
(Art Lien) Justice Elena Kagan saw things differently than some of her more conservative colleagues. [read post]
12 Oct 2021, 2:32 pm
” Justice Elena Kagan followed Breyer’s question with one of her own. [read post]
8 Oct 2021, 3:01 pm
Justice Elena Kagan questioned whether the door-opening rule constituted a rule of procedure, not substance outside the ambit of the confrontation clause. [read post]
8 Oct 2021, 10:43 am
Justices Elena Kagan and Sonia Sotomayor, and later Chief Justice John Roberts, asked whether and how much a court should defer to the government on the question of whether or not the testimony can be tailored to avoid disclosing the sensitive information—here the location of the black site. [read post]
6 Oct 2021, 1:04 pm
” Justice Elena Kagan voiced a similar sentiment a few minutes later, telling Fletcher that she understood “the argument about our relationship with our allies and it not necessarily being coextensive with the question whether something is a secret. [read post]
6 Oct 2021, 12:05 pm
Justices Sonia Sotomayor and Elena Kagan seemed sympathetic to Davenport’s view. [read post]
