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27 Oct 2023, 3:30 am by Anne Joseph O'Connell
Anne Joseph O’Connell Presidents are quite popular in administrative law these days, from Elena Kagan’s classic article, Presidential Administration, to the Supreme Court’s fixation on presidential control in its growing Appointments Clause and removal docket. [read post]
25 Oct 2023, 6:00 am by DONALD SCARINCI
“So this is, like, dead, dead, dead in all the ways that something can be dead,” Justice Elena Kagan said during oral arguments. [read post]
15 Oct 2023, 3:00 pm by David Oscar Markus
Wade.Justice Elena Kagan and her law clerks had been in the courtyard earlier in the day, the employees said. [read post]
Justice Clarence Thomas, as well as Justices Sonia Sotomayor and Elena Kagan, noted that the Supreme Court’s standard of review in a case like this is “clear error. [read post]
11 Oct 2023, 2:03 pm by Amy Howe
Justice Elena Kagan pushed back against Gore’s suggestion that the challengers were obligated to provide an alternative map, but Chief Justice John Roberts appeared sympathetic to Gore’s position. [read post]
10 Oct 2023, 4:30 pm by Ronald Mann
Justice Elena Kagan was the leading critic of his presentation, which apparently touched a nerve when he suggested that the owner’s argument rested on “more idiosyncratic … claims” available under Pennsylvania law. [read post]
Justice Elena Kagan raised the point that since the lawsuit was filed in 2020, “[t]he defendant’s website…is now in compliance with the ADA. [read post]
4 Oct 2023, 1:35 pm by Amy Howe
” Justice Elena Kagan suggested that even if the court could decide the standing question, there was a broader issue at stake. [read post]
3 Oct 2023, 2:33 pm by Amy Howe
Justice Elena Kagan questioned the premises underlying Francisco’s argument. [read post]
2 Oct 2023, 5:55 am by Colby Galliher
Justices Brett Kavanaugh, Ketanji Brown Jackson, Sonia Sotomayor, and Elena Kagan concurred with the majority as concerned the Sacketts’ property but, pertaining to the question of the CWA’s scope, wrote in favor of Kennedy’s approach in the Rapanos case. [read post]
29 Sep 2023, 6:48 am by Amy Howe
Justice Elena Kagan also indicated, without any additional explanation, that she would have allowed the law to go into effect. [read post]
25 Sep 2023, 6:34 pm by Howard Bashman
“Views from the High Court: Justice Elena Kagan on ethics, originalism, faith and the free exchange of ideas. [read post]
25 Sep 2023, 4:00 am by Eric Segall
This may seem like a small issue but it reflects the Court's almost total lack of concern for the transparency of its own operations.10) The confirmation hearings for the justices are, as Elena Kagan once wrote, "a vapid and hollow charade. [read post]
22 Sep 2023, 10:16 am by Howard Bashman
The post “A Conversation with Justice Elena Kagan” appeared first on How Appealing. [read post]
18 Sep 2023, 9:01 pm by Rodger Citron and Laura Dooley
 They were joined by Justice Samuel Alito, the third member of the Court’s most conservative bloc, who rejected the due process claim but noted in a concurrence that the law could be unconstitutional on other grounds.The other four justices—the less conservative trio of justices (Roberts, Kavanaugh, and Amy Coney Barrett), joined by Justice Elena Kagan—dissented, agreeing with the defendant corporation that it could not be sued in Pennsylvania even though it… [read post]
11 Sep 2023, 9:01 am by SCOTUSblog
Ornstein, The New Republic) US Supreme Court Justice Elena Kagan to visit Notre Dame (Denise Wager, Notre Dame News) The post The morning read for Monday, September 11 appeared first on SCOTUSblog. [read post]
9 Sep 2023, 1:37 pm by Howard Bashman
“US Supreme Court Justice Elena Kagan to visit Notre Dame”: Denise Wager of Notre Dame News has this report. [read post]