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21 Jul 2023, 11:04 am by Amy Howe
In an 11-page opinion joined by Justices Elena Kagan and Ketanji Brown Jackson, Justice Sonia Sotomayor wrote that the court’s “decision denying Barber’s request for a stay allows Alabama to experiment again with a human life. [read post]
19 Jul 2023, 9:05 pm by Katherine Shaw
As Justice Elena Kagan noted in dissent, “state law created MOHELA, but in so doing set it apart,” making it a separate entity both legally and financially. [read post]
19 Jul 2023, 6:00 am by DONALD SCARINCI
“The State must show that the defendant consciously disregarded a substantial risk that his communications would be viewed as threatening violence,” Justice Elena Kagan wrote. [read post]
17 Jul 2023, 7:55 pm by Sabrina I. Pacifici
Details: In her first term on the court, Justice Ketanji Brown Jackson was on the liberal side, but less so than justices Elena Kagan and Sonia Sotomayor. [read post]
12 Jul 2023, 9:05 pm by Monika U. Ehrman
Therefore, there is a tendency to cite dictionaries and discuss the admittedly important difference between words such as “adjacent” and “adjoining,” as Justice Brett Kavanaugh did in a concurring opinion joined by Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson. [read post]
9 Jul 2023, 9:02 pm by Barry Winograd
Justice Ketanji Brown Jackson, dissenting, was joined by Justices Elena Kagan and Sonia Sotomayor, and, in substantial part, by Justice Clarence Thomas.For the majority, requiring a stay for a Section 16(a) appeal is a “common sense” solution. [read post]
6 Jul 2023, 9:05 pm by Josephine A. Phillips
” Justice Elena Kagan, writing in dissent, criticized the Court’s “cardinal error” of ignoring language in the HEROES Act explicitly authorizing the administration to waive, as well as modify, the regulations at issue. [read post]
6 Jul 2023, 11:00 am by Tiffany Scaramucci
Justice Sonia Sotomayor issued a strongly worded dissent joined by Justices Elena Kagan and Ketanji Brown Jackson, in which she maintained that majority “cements a superficial rule of colorblindness as a constitutional principle in an endemically segregated society where race has always mattered and continues to matter. [read post]
5 Jul 2023, 10:36 am by Rick Hasen
It begins: At the end of his majority opinion for the Supreme Court striking down the Biden administration’s student loan forgiveness program, Chief Justice John Roberts stridently protested the scope and tone of… Continue reading The post “John Roberts’ Big Complaint About Elena Kagan Is Deeply Ironic” appeared first on Election Law Blog. [read post]
5 Jul 2023, 9:54 am by Howard Bashman
“John Roberts’ Big Complaint About Elena Kagan Is Deeply Ironic”: Law professor Richard L. [read post]
5 Jul 2023, 9:30 am by Minyao Wang
”  Sotomayor’s concurring opinion In an opinion joined by Chief Justice John Roberts, Justice Elena Kagan, and Justice Amy Coney Barrett (a highly unusual ideological line-up for sure), Sotomayor would have adopted, consistent with the position of the Biden administration, consumer confusion as the focus of the Lanham Act. [read post]
5 Jul 2023, 4:24 am by Marcia Coyle
No, responded Sotomayor, who was joined by Justices Elena Kagan and Ketanji Brown Jackson. [read post]
4 Jul 2023, 9:02 pm by Vikram David Amar
Justices Ketanji Brown Jackson, Sonia Sotomayor, and Elena Kagan—esp. [read post]
4 Jul 2023, 9:01 pm by Michael C. Dorf
Nebraska, allowed Missouri standing on the ground that under the program a state-chartered entity—the Missouri Higher Education Loan Authority (MOHELA)—would lose money in processing fees that it would otherwise receive.However, as Justice Elena Kagan (for herself and the other two Democratic appointees) observed in dissent, none of the resulting financial loss to MOHELA will be passed on to the state. [read post]
3 Jul 2023, 11:14 am by Gene Takagi
While many of us are still thinking and learning about how the June 29, 2023 Supreme Court decision overturning affirmative action in college admissions will impact the broader nonprofit sector, here are thoughts from the majority opinion, dissents, and others regarding the two critical and, in my opinion, wrongfully and politically decided cases: Students for Fair Admissions Inc. v. [read post]
3 Jul 2023, 2:53 am by SHG
Jamelle Bouie raises a very interesting point from Justice Elena Kagan’s dissent in Biden v. [read post]
1 Jul 2023, 3:47 pm by lennyesq
He also chastised Justice Elena Kagan for her “disturbing” suggestion, in dissent, that the majority had gone “beyond the proper role of the judiciary. [read post]
1 Jul 2023, 3:42 pm by Mark Walsh
Kagan has something to say. [read post]
30 Jun 2023, 3:28 pm by Amy Howe
ShareThe Supreme Court agreed to decide what protections Title VII of the Civil Rights Act of 1964 provides to employees who contend they were the victim of a discriminatory transfer. [read post]
30 Jun 2023, 11:51 am by Scott Bomboy
Justice Elena Kagan, joined by Justices Sonia Sotomayor and Ketanji Brown Jackson, argued that “in every respect, the Court today exceeds its proper, limited role in our Nation’s governance. [read post]