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8 Feb 2024, 2:41 pm
“Then I must be right,” Justice Elena Kagan, who had asked Mitchell about the tension between two perspectives on Congress’s powers, says to laughter. [read post]
8 Feb 2024, 2:35 pm
” Justice Elena Kagan questioned the implications of a single state banning a candidate in a presidential election. [read post]
8 Feb 2024, 1:00 pm
"Said Justice Elena Kagan in today's oral argument in Trump v. [read post]
8 Feb 2024, 12:14 pm
Justice Elena Kagan was among the most vocal in expressing her concerns. [read post]
8 Feb 2024, 5:50 am
Murray clerked for Justice Elena Kagan and also then judge Neil Gorsuch on the Tenth Circuit. [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]
29 Jan 2024, 4:53 am
Associate Justice Elena Kagan. [read post]
26 Jan 2024, 11:22 am
The court’s decision to deny Smith’s application for stay and certiorari prompted Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson to express dismay with the majority’s decision. [read post]
24 Jan 2024, 3:12 pm
Justice Elena Kagan pressed this point throughout the oral arguments, challenging the lawyers to explain how courts could turn vague laws into clear rules. [read post]
22 Jan 2024, 7:26 pm
Chief Justice John Roberts and Justices Amy Coney Barrett, Ketanji Brown Jackson, Elena Kagan and Sonia Sotomayor voted to approve Biden’s request for the court to restrict Texas’ actions. [read post]
18 Jan 2024, 3:45 am
“Agencies know things that courts do not,” Justice Elena Kagan said, “and that’s the basis of Chevron. [read post]
17 Jan 2024, 8:43 pm
” 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
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
" 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
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
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
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
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
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]
