Search for: "Matter of Kagan"
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21 Feb 2024, 5:51 pm
This is the second in a hopefully finite series of blog posts about the legal issues in the NetChoice cases, in which platforms raise First Amendment challenges to social media laws in Texas and Florida. [read post]
21 Feb 2024, 12:50 pm
Kagan expressed similar concerns. [read post]
16 Feb 2024, 12:13 pm
Kagan/majority is too sanguine about ability of existing doctrines to protect speech that Kagan views as important. [read post]
14 Feb 2024, 3:05 pm
Finally, hallway through the seriatim questioning, Justice Kagan asked Mitchell the looming question he must have been anticipating—namely, why in the world would the framers of the Fourteenth Amendment have included such a loophole? [read post]
12 Feb 2024, 6:41 am
Jackson’s fundamental concern mirrored that of Roberts and Kagan: Letting states disqualify federal candidates would create a patchwork of 50 wildly different regimes, handing a few swing states the authority to decide each presidential election. [read post]
9 Feb 2024, 3:48 pm
Perhaps the most pointed moment of the oral argument came from Justice Kagan. [read post]
9 Feb 2024, 1:28 pm
He did not necessarily defend the case as being correct as an original matter, but rather explained that Griffin's Case settled the matter. [read post]
9 Feb 2024, 11:37 am
.'" As a matter of advocacy, lawyers should always be willing to acknowledge, if pressed, weaknesses in a position. [read post]
9 Feb 2024, 10:01 am
While one justice (Clarence Thomas) remains on the Court, the last major intervention of the Court into a close presidential election is a matter of distant history. [read post]
8 Feb 2024, 2:35 pm
” Kagan asked. [read post]
8 Feb 2024, 12:14 pm
Justice Elena Kagan was among the most vocal in expressing her concerns. [read post]
4 Feb 2024, 6:29 pm
Part II of Donald Trump’s brief argues that the factual predicate for the Colorado Supreme Court’s decision to remove Trump’s name from the primary ballot was absent because Trump did not “engage in” an insurrection against the United States on January 6, 2021.[1] [Apologies in advance about all the footnotes, but I didn't want to clutter the text with too many peripheral matters.]The Colorado Supreme Court held that Trump’s words on… [read post]
4 Feb 2024, 1:01 pm
As a threshold matter, this provision expressly contrasts between Senators and Representatives, who are elected, and "any civil Office[s] under the Authority of the United States," which are appointed. [read post]
31 Jan 2024, 2:03 pm
Judge Gorsuch’s majority opinion, which was joined by Justices Clarence Thomas, Stephen Breyer, Sonia Sotomayor, Elena Kagan and Amy Coney Barrett, held that “a” Notice to Appear must contain the date and time of the hearing in order to confer jurisdiction of the matter to the Immigration Court. [read post]
28 Jan 2024, 4:48 pm
The Court said the law would not go into effect for the time being, though Justices Thomas, Alito, Gorsuch, and Kagan dissented. [read post]
25 Jan 2024, 5:01 am
As such, it is entitled to little weight as a matter of stare decisis. [read post]
22 Jan 2024, 4:00 am
Anyone can make charges, but it’s the evidence that matters, not the wild accusations. [read post]
17 Jan 2024, 8:43 pm
For the plaintiffs, attorney Roman Martinez argued that Chevron was no longer relevant and that matters of law are to be decided by the courts and not by the executive branch by way of federal agencies. [read post]
16 Jan 2024, 12:19 pm
Kagan, dissenting). [read post]
10 Jan 2024, 2:48 pm
Justice Elena Kagan agreed, noting that with the exception of a single citation, in the state courts “everything was about the truth of the matter asserted. [read post]
