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5 May 2020, 7:57 am by Jessica Litman
Justices Sonia Sotomayor, Elena Kagan, Neil Gorsuch and Brett Kavanaugh all indicated that they were reluctant to adopt either side’s bright-line rule, and invited the advocates to propose a middle ground. [read post]
20 Mar 2024, 9:01 pm by Michael C. Dorf
When the high Court—over an impassioned dissent by Justice Sonia Sotomayor (joined by Justice Ketanji Brown Jackson) and another dissent by Justice Elena Kagan—issued its unexplained order on Tuesday, the Fifth Circuit administrative stay went into effect, thus allowing enforcement of S. [read post]
7 Dec 2016, 7:30 am by John Duffy
Dissatisfaction with the government’s approach led Justice Stephen Breyer to ponder whether “maybe the less said by us the better. [read post]
7 Nov 2018, 10:56 am by Amy Howe
Justice Stephen Breyer posited that service on the foreign ministry, rather than the embassy, was preferable to avoid having the complaint fall through the cracks. [read post]
25 Feb 2015, 7:23 am by Richard M. Re
This naturally led Justice Stephen Breyer to ask: “Well, then why can’t we do that here? [read post]
5 Oct 2017, 8:54 am by Rory Little
Moreover, as Feigin later noted in an exchange with Justice Sonia Sotomayor, Congress could amend Rule 11 to make its terms more specific and clear. [read post]
19 Jun 2017, 12:47 pm by Mark Walsh
Justice Stephen Breyer is next with the opinion in McWilliams v. [read post]
24 Jun 2021, 11:58 am by George Quillin and Jeanne Gills
This part of his opinion was officially joined only by Alito, Kavanaugh and Barrett, but in a separate opinion, Justice Stephen Breyer (joined by Justices Sonia Sotomayor and Elena Kagan) indicated agreement with Roberts’ reasoning on the remedy, thereby providing seven total votes for the remedial holding. [read post]
16 Jan 2019, 4:10 pm by Rory Little
Justice Clarence Thomas’ majority opinion was joined by Justice Stephen Breyer, while Justice Sonia Sotomayor’s dissent was joined by Chief Justice John Roberts as well as Justices Ruth Bader Ginsburg and Elena Kagan. [read post]
23 Mar 2017, 3:38 am by Daniel Bussel
Justice Stephen Breyer wrote for the six-member majority (Chief Justice John Roberts and Justices Anthony Kennedy, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan, as well as Breyer himself). [read post]
27 May 2015, 11:27 am by Ronald Mann
At least to me, what is most striking about Justice Sonia Sotomayor’s opinion is the undergirding perspective of a deep-seated respect for the bankruptcy judges. [read post]
8 Dec 2021, 1:42 pm by Amy Howe
The court’s liberal justices echoed this idea in their questions for Bindas, with Justice Sonia Sotomayor noting that parents who live in districts with their own public schools don’t have the option of participating in the tuition-assistance program at all. [read post]
18 Oct 2021, 1:04 pm by Amy Howe
” In an opinion joined by Justices Stephen Breyer and Elena Kagan, he argued that by ceding authority to enforce the law to private citizens, the law “insulate[s] the State from responsibility. [read post]
21 Jun 2019, 10:42 am by Amy Howe
The court’s opinion, written by Justice Brett Kavanaugh and joined by Chief Justice John Roberts and Justices Ruth Bader Ginsburg, Stephen Breyer, Samuel Alito, Sonia Sotomayor and Elena Kagan, depicted Flowers’ case as one that broke “no new legal ground. [read post]