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18 Jan 2024, 3:45 am by SHG
“Agencies know things that courts do not,” Justice Elena Kagan said, “and that’s the basis of Chevron. [read post]
” She supported Justice Elena Kagan and Justice Sonia Sotomayor’s points that executive agencies use highly trained experts to interpret and carry out federal laws in areas such as health care, finance and environmental pollutants. [read post]
17 Jan 2024, 3:58 pm by Amy Howe
Justice Elena Kagan repeatedly suggested that federal agencies, with their scientific and technical expertise, are better suited than courts to resolve ambiguities in a federal statute. [read post]
16 Jan 2024, 1:44 pm by Ilya Somin
" Liberal Justice Elena Kagan asked Texas Solicitor General Aaron Neilson whether there is "an ongoing violation of the Constitution" in a case where the state has taken private property and refused to compensate the owner. [read post]
10 Jan 2024, 2:48 pm by Amy Howe
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]
10 Jan 2024, 2:12 pm by Guest Author
But it worth noting that Justice Elena Kagan, as I explain in detail in my first “Defining Deference Down” article, did suggest just this in her lengthy 2001 Presidential Administration law review article. [read post]
10 Jan 2024, 9:58 am by Ilya Somin
But liberal Justice Elena Kagan similarly stated there "there is radical agreement…. that you don't get a pass from unconstitutional conditions analysis just because you've passed generally applicable legislation. [read post]
9 Jan 2024, 6:52 pm by Amy Howe
Justice Elena Kagan suggested that the answer would instruct courts to “ask more generally about the proportionality or reasonableness … of the general legislative scheme. [read post]
9 Jan 2024, 12:05 pm by Eugene Volokh
Harvard Law School, The 2015 Scalia Lecture Series: A Dialogue with Justice Elena Kagan on the Reading of Statutes, YouTube, at 08:29 (Nov. 25, 2015), https://youtu.be/dpEtszFT0TgKagan. [read post]
9 Jan 2024, 8:05 am
 Law360 has Justice Kagan Cites Ethics Code For 1st Time In RecusalJustice Elena Kagan became the first U.S. [read post]
8 Jan 2024, 5:08 pm by Amy Howe
” Justice Elena Kagan asked whether the government should be required to go before a judge in private to explain why someone had been placed on the No Fly List, why they had been removed from the list, and why they would not be returned to the list. [read post]
8 Jan 2024, 10:00 am by Paul Caron
ABA Journal, Profs Trade Notes As Law Schools Write Generative AI Policies ABA Journal, Trump Administration Had Worst Supreme Court Record Since At Least FDR Years, Study Says Balls and Strikes, Elena Kagan For President of Harvard University Daily Report Online, Legal Events for Georgia Lawyers Law.com, ABA Proposal to... [read post]
4 Jan 2024, 1:00 pm by Howard Bashman
Elena Kagan For President of Harvard University; Kagan, the former Harvard Law School dean who now works in government, was once a finalist for the university president role; Is this her time to come home? [read post]
28 Dec 2023, 9:05 pm by Noah Brown
In lieu of our regular Friday feature—”the Week in Review”—The Regulatory Review is today recapping some of the top regulatory news from the past year, including major U.S. [read post]
25 Dec 2023, 4:00 am by Josh Blackman
11/24/2009: Justice Elena Kagan "was probably at a Chinese restaurant. [read post]
So when Elena Kagan became the first female solicitor general, there was lots of debate about what she would wear. [read post]
15 Dec 2023, 12:17 pm by Josh Blackman
At the Jan. 8 conference, the three liberals — Justices Breyer, Elena Kagan and Sonia Sotomayor — and the chief justice opposed hearing the case. [read post]
12 Dec 2023, 3:24 pm by Amy Howe
The court’s three liberal justices dissented, with Justice Elena Kagan writing that the 5th Circuit “went far beyond its proper authority. [read post]
7 Dec 2023, 9:05 pm by renholding
“It could not have been clearer that what they were saying [in Atlas Roofing] was that the Seventh Amendment was no bar to Congress making a decision that certain kinds of claims were best adjudicated in administrative agencies,” Justice Elena Kagan said during oral arguments on Jarkesy last week. [read post]
7 Dec 2023, 1:16 pm by Jill Switzer
Before Ketanji Brown Jackson, Amy Coney Barrett, Elena Kagan, Sonia Sotomayor, and Ruth Bader Ginsberg, there was the first, Sandra Day O’Connor. [read post]