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14 Apr 2023, 9:24 pm
The opinion, written by Justice Elena Kagan, stipulates that district courts retain federal question jurisdiction over constitutional challenges despite the agency’s statutory scheme allowing the commission to handle its own adjudication process. [read post]
18 May 2010, 6:34 am
This Politico article on the mad rush to locate copies of Elena Kagan's senior thesis at Princeton supports a point I made earlier. [read post]
20 Jun 2014, 4:58 am
Clarke, a unanimous Court – in an opinion by Justice Elena Kagan – held that a taxpayer who wants to question IRS agents about their motives for issuing a summons can do so if he can point to “specific facts or circumstances plausibly raising an inference of bad faith. [read post]
31 Jan 2018, 4:49 am
For USA Today, Richard Wolf reports that President Donald Trump was “without a Supreme Court quorum” in the audience for last night’s State of the Union address, and that “[t]he four justices who [were] in attendance — Chief Justice John Roberts and Justices Stephen Breyer, Elena Kagan and Neil Gorsuch, Trump’s lone appointee — represent diverse ideologies. [read post]
8 Oct 2010, 10:59 am
Justice Elena Kagan has recused herself from 25 of the 51 cases the Supreme Court has thus far agreed to hear this term. [read post]
28 Mar 2011, 8:52 am
Today, of course, there are three women on the Court: Justice Ginsburg, Justice Sonia Sotomayor, and Justice Elena Kagan. [read post]
10 Jun 2010, 6:59 am
Elena Kagan’s Supreme Court confirmation hearings is still about two weeks away. [read post]
13 Jun 2011, 1:44 pm
United States was 4-4 (Justice Elena Kagan recused herself due to her participation in the case as Solicitor General), and has limited precedential value. [read post]
18 May 2010, 8:21 am
Scholars have begun to question the Indian law credentials of Elena Kagan, President Barack Obama's nominee to the to the U.S. [read post]
11 May 2010, 11:40 am
I doubt either Kagan or Sonia Sotomayor (“I will not use foreign law to interpret the Constitution”) would dare so much as drop a footnote to international authorities in defining constitutional rights for some time to come. [read post]
24 Oct 2009, 4:26 pm
Solicitor General Elena Kagan now weighing what to do next on the hotly controversial EMILY’s List case, it already appears that her decision could have a major impact on next year’s national political campaigns, whatever choice she makes. [read post]
27 Oct 2010, 7:27 am
Breyer, Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor. [read post]
29 Sep 2010, 11:57 am
Justice Elena Kagan, the most recent addition to the high court, has recused herself from four of the cases, for a total of 25 cases she will not take part in. [read post]
13 Aug 2010, 11:07 am
Well, maybe not everything. [read post]
27 May 2010, 6:04 am
10 May 2010, 5:16 am
12 Jul 2010, 5:24 am
Kagan to senators: please don’t confuse my views with Mark Tushnet’s or Harold Koh’s [Constitutional Law Prof] Too much like a Star Wars lightsaber? [read post]
29 May 2010, 4:43 pm
Now the first fuss is coming back to haunt the Obama Administration, the professionals in the office of the Solicitor General, and maybe even Elena Kagan. [read post]
13 Jul 2020, 9:01 pm
In today’s installment, Part One of a two-part series, let’s get the bad news out of the way first.The main reason for some disappointment over the cases is that the opinions of the justices—the majority opinion by Justice Elena Kagan and the concurring opinion by Justice Clarence Thomas—were not as well reasoned or careful as a matter of constitutional craft as they could have been. [read post]
25 Feb 2015, 7:06 am
And Justice Elena Kagan issued a dissenting opinion, in which Justices Antonin Scalia, Anthony M. [read post]
