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29 Feb 2012, 10:55 am by Lyle Denniston
. “I understand your argument,” Justice Sonia Sotomayor said promptly, but ominously. [read post]
22 Jun 2018, 5:57 am by Alan Morrison
  It no longer appears essential that the person have final decisional authority (The dissent of Justice Sonia Sotomayor, joined by Justice Ruth Bader Ginsburg, would have drawn that line and upheld the SEC here.), which opens up a whole range of possibilities of jobs for which there is no law that would comply with the appointments clause options for inferior officers. [read post]
3 Apr 2015, 7:44 am by Ronald Mann
” Justice Elena Kagan and Sonia Sotomayor, in contrast, seemed persuaded by Feldman’s point. [read post]
21 Jun 2018, 3:20 pm by Mark Walsh
He says that Justice Stephen Breyer has filed a dissent, joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan. [read post]
25 Apr 2019, 9:05 pm by Alana Bevan
” Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan each filed dissenting opinions. [read post]
28 Oct 2016, 7:24 am by Stephen Wermiel
To draw the court even further into the political eye, the 4-4 vote was split along party lines, with justices appointed by Democratic presidents (Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Kagan) against the North Carolina law, and justices appointed by Republican presidents (Chief Justice Roberts and Justices Anthony Kennedy, Clarence Thomas and Samuel Alito) in favor of allowing some or all of the law to go into operation. [read post]
21 Mar 2017, 1:22 pm by Ronald Mann
” The low point of the argument for Stris came when Justice Stephen Breyer repeated the bifurcated syllogism from Fisher’s argument in its entirety: “So you’re in a dilemma. [read post]
5 May 2020, 10:27 am by Amy Howe
Perhaps unlike Gorsuch, Justice Stephen Breyer appeared to believe that the answer to the question is yes. [read post]
23 May 2022, 3:56 pm by Noam Biale
” Justice Sonia Sotomayor, joined by Justices Stephen Breyer and Elena Kagan, dissented. [read post]
9 Jun 2022, 10:27 pm by DONALD SCARINCI
” Dissent Justice Neil Gorsuch authored a strongly-worded dissent, which was joined by Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan. [read post]
30 Mar 2016, 4:25 pm by Steve Vladeck
With Justices Elena Kagan, Sonia Sotomayor, and Ruth Bader Ginsburg leading the charge, Bernhardt faced repeated (and skeptical) questioning about whether the unexhausted remedies were actually available to prisoners in Blake’s position. [read post]
12 Aug 2013, 11:42 am by Erwin Chemerinsky
By contrast, Justices Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor strongly dissented in Citizens United, and Justice Elena Kagan, who as Solicitor General argued for the constitutionality of the law in Citizens United, wrote the dissent in Arizona Free Enterprise Club. [read post]
16 Apr 2019, 8:55 am by Ronald Mann
That brought a sharp retort from Justice Sonia Sotomayor: Aren’t we rewarding you for not raising it adequately below, rewarding you for mentioning it in two sentences in your cert petition and not asking us to take it as a separate question presented? [read post]
22 Mar 2017, 6:31 pm by Ronald Mann
For the justices, though, those concerns surface only in the dissenting opinion of Justice Stephen Breyer (joined by Justice Anthony Kennedy). [read post]
29 Nov 2017, 11:43 am by Amy Howe
As Justice Stephen Breyer put it at one point, “This is an open box. [read post]
3 Nov 2014, 1:42 pm by Wells Bennett
Justices Stephen Breyer and Anthony Kennedy didn’t blast Lewin’s marquee legal argument so aggressively, but also didn’t exactly suggest that it ought to prevail, either. [read post]