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14 Jun 2021, 9:35 am
Kennedy and Associate Justice Elena Kagan, who is now the circuit’s justice. [read post]
Justice Elena Kagan, joined by Justices Stephen Breyer, Sonia Sotomayor and Neil Gorsuch, wrote the opinion of the court, concluding that any offense with a mens rea or mental state of recklessness does not qualify as a violent felony under the ACCA. [read post]
11 Jun 2021, 2:33 pm by Amy Howe
Justice Stephen Breyer traveled to New York City in January 2020 in connection with his work as a juror for the prestigious Pritzker Architecture Prize, while Justice Elena Kagan also went to New York in late January to speak to the state’s bar association. [read post]
10 Jun 2021, 10:13 am by James Romoser
Justice Elena Kagan announced the judgment of the court and wrote an opinion that was joined by Justices Stephen Breyer, Sonia Sotomayor and Neil Gorsuch. [read post]
Justice Elena Kagan, writing for the Court, notes that there is pending in Congress the American Dream and Promise Act that specifically states that “a TPS recipient shall be considered ‘as having been inspected and admitted into the United States, ’ as being in, and maintaining, lawful status as a nonimmigrant . . . . [read post]
7 Jun 2021, 2:10 pm by Ajay Sarma, Christiana Wayne
Mayorkas, authored by Justice Elena Kagan, affirms that immigration laws stipulate that eligibility for a green card is contingent on being “inspected and admitted or paroled into the United States. [read post]
7 Jun 2021, 7:02 am by Howard Bashman
Supreme Court in an argued case: Justice Elena Kagan delivered the opinion for a unanimous Court in Sanchez v. [read post]
6 Jun 2021, 10:16 pm by Javier Dominguez
 Elena Kagan was solicitor general at the time — until that summer, when she was nominated to the high court. [read post]
3 Jun 2021, 2:01 pm by Ronald Mann
For Barrett, that reality “underscores the implausibility of the Government’s interpretation,” which provides (in words Justice Elena Kagan coined in an earlier case) “extra icing on a cake already frosted. [read post]
3 Jun 2021, 8:16 am by Ronald Mann
” The six-justice majority consisted of three conservatives (Justices Neil Gorsuch, Brett Kavanaugh and Barrett) and the court’s three liberals (Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan). [read post]
31 May 2021, 9:01 pm by Vikram David Amar
Again, Justice Kagan dissented, and again invoking stare decisis as a basis, observing that because “[n]ow . . . [read post]
28 May 2021, 8:13 am by CrimProf BlogEditor
Breyer, Sonia Sotomayor and Elena Kagan — dissented from the Supreme Court’s order, which gave no reasons and said... [read post]
28 May 2021, 6:39 am by John Elwood
” He notes that the California Court of Appeals and Supreme Court disagreed on whether any error in his case constituted structural error, and cites circuit precedent — cited favorably in an opinion dissenting from denial of cert written by Justice Sonia Sotomayor and joined by Justices Ruth Bader Ginsburg and Elena Kagan — that when state appellate judges are “divided on the merits of a constitutional question, issuance of a certificate of appealability… [read post]
26 May 2021, 12:29 pm by Amy Howe and James Romoser
The court’s three liberal justices – Stephen Breyer, Sonia Sotomayor and Elena Kagan – all indicated that they would have denied Oklahoma’s request, but they did not provide any explanation for their objection. [read post]
24 May 2021, 6:10 pm by Howard Bashman
Supreme Court‘s denial of certiorari, and Justice Sonia Sotomayor also issued a dissent, in which Justices Breyer and Elena Kagan joined, from the denial of certiorari in Johnson v. [read post]
24 May 2021, 10:38 am by Amy Howe
Justice Sonia Sotomayor dissented from that denial, in an opinion joined by Justices Stephen Breyer and Elena Kagan; Breyer also penned his own dissent. [read post]