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11 May 2010, 7:42 am
Rather, we should focus on what the senators themselves believe, as a matter of principle and/or constitutional law, their own limits are on appropriate questions and answers in the confirmation process. [read post]
19 Apr 2010, 10:10 am
(Judges Wood and Garland were appointed to their judicial posts — by President Clinton, as a matter of fact — in 1995 and 1997, respectively.) [read post]
10 May 2010, 12:15 pm
But the probabilities were always high that someone who fit these criteria would be appointed, and the President no doubt wanted to select someone who would serve for a long time, which counseled a younger nominee.Political considerations also matter. [read post]
30 Jun 2010, 3:16 pm
ELENA KAGAN: Well, Senator Franken, the most important thing in interpreting any statute -- in fact, the only thing that matters in interpreting any statute -- is Congress' intent. [read post]
30 Jul 2010, 3:19 pm
” Ginsburg did acknowledge that “U.S. jurists and political actors today divide sharply on the propriety of looking beyond our nation’s borders, particularly on matters touching fundamental human rights. [read post]
12 May 2010, 6:44 am
" From NPR, today's broadcast of "Morning Edition" contained an audio segment entitled "Should Kagan's Lack Of Judicial Experience Matter? [read post]
2 Jul 2010, 8:00 am
SOLICITOR GENERAL ELENA KAGAN: Well, Senator Franken, the most important thing in interpreting any statute -- in fact, the only thing that matters in interpreting any statute -- is Congress' intent. [read post]
30 Jun 2010, 5:00 am
" But, of course, since judges are not supposed to let their "personal views" influence them, why should it matter what she personally believes? [read post]
14 May 2010, 9:38 am
If Kagan were in the same position, I believe that liberals would not feel as uncertain about her.Finally, Ogletree does not discuss matters outside of Harvard that have come to light. [read post]
16 Jul 2010, 7:05 am
Perhaps the Supreme Court will agree.UPDATE: Media Matters has published an extensive essay that criticizes the Wall Street Journal editorial. [read post]
3 Oct 2022, 9:01 pm
An implication of Kagan’s view (as we assume it to be), that newness matters for stare decisis, is that it is preferable to postpone the decision to overturn a case—until the Court’s membership has been stable for some period. [read post]
8 Dec 2011, 8:20 pm
That said, I believe that as a matter of both principle and law, Kagan should not hear the case. . . . [read post]
9 Apr 2011, 8:14 am
Released to CNSNews.com, a conservative-oriented news outlet, the emails also reveal how Kagan was walled off from discussions of the law — possibly because she already knew she might be nominated to the high court, where a challenge to the statute would ultimately be decided.The release has raised eyebrows among lawyers familiar with the long tradition of the solicitor general’s office resisting release of internal documents so as not to hamper deliberations on cases. . .… [read post]
10 May 2010, 2:36 pm
Indeed, though she offered no thoughts of her own on the matter, Kagan invited Justice Ruth Bader Ginsburg (near right) to rise to the defense of the practice during an interview published as "Remarks Commemorating Celebration 55: The Women's Leadership Summit," 32 Harvard Journal of Law & Gender 233, 237 (2009).? [read post]
12 May 2010, 6:39 am
I think it matters mainly because of the way it creates the impression that the newspaper is not journalistically... [read post]
4 Aug 2011, 12:59 pm
However, no matter what happens during the rest of his time in office, Obama can be proud of his nominees to the Supreme Court. [read post]
11 May 2010, 5:00 am
Boehner) that his thoughts on this matter are a constitutional irrelevancy? [read post]
10 Jun 2014, 6:14 am
Interesting stuff, especially the memorandum by now-Justice Elena Kagan starting on page 4. [read post]
13 May 2010, 6:01 am
Administration officials welcomed the opportunity to say (on background) that she is not gay, rather than dismissing the matter as unworthy of comment. [read post]
3 Jun 2010, 5:39 am
As readers of this blog know, the disconnect between law professors and law practice is a matter of grave concern to me. [read post]
