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5 Dec 2023, 1:08 pm by Amy Howe
” In a four-page opinion joined by Chief Justice John Roberts and Justices Samuel Alito, Sonia Sotomayor, Elena Kagan, Neil Gorsuch, and Brett Kavanaugh, the court on Tuesday granted Laufer’s request. [read post]
5 Dec 2023, 1:04 pm by Amy Howe
Why, Kagan asked somewhat rhetorically, is this any different? [read post]
4 Dec 2023, 1:42 pm by Amy Howe
’” Justice Elena Kagan also appeared skeptical of the government’s position. [read post]
3 Dec 2023, 9:01 pm by Austin Sarat
”Responding to these developments, Justices Ketanji Brown Jackson, Elena Kagan, and Sonia Sotomayor spent 2023 criticizing their conservative colleagues for their unwillingness to scrutinize even the most egregious miscarriages of justice in death cases.For example, in Barber v. [read post]
2 Dec 2023, 7:53 am by Mark Tushnet
Put somewhat epigrammatically, if you don’t really understand and agree with Elena Kagan’s statement that it’s law “all the way down,” your non-normative constitutional theory isn’t going to be worth much. [read post]
During this time the Supreme Court was heavily involved in states’ execution processes, but today, “the majority of the Court appears unwilling to continue this role,” despite serious dissenting concerns from Justices Kentanji Brown Jackson, Elena Kagan and Sonia Sotomayor. [read post]
1 Dec 2023, 7:25 am
As the court moved to the right during that period, her moderate conservatism made her look in the end like a relative liberal.From the WaPo obituary, by Fred Barbash:She never went far enough in any area of the law to fully satisfy either conservatives or liberals of the day, Republicans or Democrats....If there were only one person who made all the decisions on the most important issues at the Supreme Court, Justice Elena Kagan said of her in a 2017 tribute, you would want it to… [read post]
28 Nov 2023, 5:45 pm by Ronald Mann
For Justice Elena Kagan, the central point was the jury’s basic right to compromise or offer leniency. [read post]
15 Nov 2023, 1:28 pm by John Elwood
Justice Ketanji Brown Jackson, joined by Justices Sonia Sotomayor and Elena Kagan, filed an opinion dissenting from the denial of certiorari, arguing that the U.S. [read post]
13 Nov 2023, 1:19 pm by Amy Howe
ShareIn her 2019 testimony before a subcommittee on the House Committee on Appropriations, Justice Elena Kagan – ostensibly on Capitol Hill to discuss the Supreme Court’s budget – told lawmakers that Chief Justice John Roberts was studying a code of conduct for the justices. [read post]
13 Nov 2023, 12:10 pm by Thomas B. Griffith
Remarks were given by Jonathan Hacker of O’Melveny & Meyers, yours truly, Justice Elena Kagan, for whom Judge Garcia clerked on the Supreme Court, and Judge Garcia’s father, Nelson Garcia. [read post]
13 Nov 2023, 7:45 am by Amy Howe
Justice Ketanji Brown Jackson dissented, in an opinion joined by Justices Sonia Sotomayor and Elena Kagan. [read post]
13 Nov 2023, 6:51 am by Howard Bashman
Prentice, No. 22–693, Justice Ketanji Brown Jackson issued a dissent, in which Justices Sonia Sotomayor and Elena Kagan joined, from the denial of certiorari, arguing instead that this case presented appropriate circumstances for summary reversal. [read post]
7 Nov 2023, 2:47 pm by Amy Howe
Other justices appeared skeptical of Wright’s position, which Justice Elena Kagan interpreted as requiring the government to show a historical regulation “essentially targeting the same kind of conduct as the regulation under review. [read post]
7 Nov 2023, 2:20 pm by Ronald Mann
” Justice Elena Kagan seemed most set on that idea, as she explained that “it’s statutory interpretation 101 that we take a defined term, we plug the definition in, and that’s what the meaning of the statute is. [read post]
7 Nov 2023, 9:04 am by Stewart Baker
This started as a Trump issue, David reminds us, but it has lost its predictable partisan valence, so now it's just a surprisingly hard constitutional controversy that, as Justice Elena Kagan almost said, left the Supreme Court building littered with first amendment rights. [read post]
2 Nov 2023, 9:57 am by Ronald Mann
” Another route to validation of the statute came from Justice Elena Kagan. [read post]
31 Oct 2023, 2:40 pm by Amy Howe
(William Hennessy) Justice Elena Kagan pressed Mooppan about the broader implications of his rule – and, in particular, whether it would mean that former President Donald Trump could not be held liable for violating the First Amendment when he blocked his critics on X, formerly known as Twitter. [read post]
31 Oct 2023, 1:05 pm
Supreme Court's dawning term is quickly shedding light on fissures in a six-justice supermajority, providing new evidence of areas where the conservative camp isn't predictably rock-solid despite its rapid reshaping of the nation's legal landscape.When people describe a 3-3-3 court, they're usually picturing Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson on the left, Justices Clarence Thomas, Samuel A. [read post]