Search for: "Matter of Kagan"
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18 Jul 2023, 6:12 am
., concurring in part and dissenting in part) (joined by Justices Kagan and Breyer) A couple of weeks ago I posted an article (here) criticizing the Court's decision in the website designer's case (303 Creative v. [read post]
17 Jul 2023, 9:05 pm
As a doctrinal matter, this holding was predictable and unremarkable—consistent with, if not compelled by, precedent and carefully limited in its scope. [read post]
17 Jul 2023, 7:55 pm
Why it matters: After overturning Roe v. [read post]
17 Jul 2023, 8:32 am
Justice Sotomayor wrote a concurring opinion, joined by Chief Justice Roberts and Justices Kagan and Barrett, which agreed with the majority on the judgment only. [read post]
12 Jul 2023, 3:54 pm
If the Supreme Court next term overrules Chevron USA v. [read post]
12 Jul 2023, 5:09 am
Why does this matter? [read post]
11 Jul 2023, 9:05 pm
To illustrate, Justice Kagan provided examples. [read post]
11 Jul 2023, 5:53 am
The Court held that (1) the Rogers test does not apply when the defendant uses the challenged matter as a mark, and (2) the Ninth Circuit’s interpretation of the noncommercial exemption to dilution claims was overbroad. [read post]
10 Jul 2023, 7:38 am
The same critique could be mounted with regard to Barrett’s appeal to common sense as Scalia did with regard to common law judging—whose common sense matters and is it actually the people’s or that of unelected judges? [read post]
10 Jul 2023, 4:00 am
No matter what a court does, they will end the case exactly where they started. [read post]
9 Jul 2023, 9:02 pm
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]
8 Jul 2023, 8:32 am
" Exactly the sort of case, one would think, that federal courts must, as a constitutional matter, decline to hear, for the simple reason that it does not yet exist (and may never exist—see below). [read post]
7 Jul 2023, 9:31 am
’” Justice Kagan, joined by Justice Sotomayor and Justice Jackson, dissented. [read post]
6 Jul 2023, 11:00 am
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, 12:02 pm
See post, p. ___ (KAGAN, J., dissenting). [read post]
5 Jul 2023, 10:12 am
To further complicate matters, the Court’s earlier application of MQD to a benefits program in King v. [read post]
5 Jul 2023, 9:30 am
’” “Generic” phrases referring to what Congress may regulate as a constitutional matter, Alito wrote, do not rebut the presumption against extraterritoriality.. [read post]
5 Jul 2023, 6:56 am
” Post, at 26 (opinion of KAGAN, J.). [read post]
5 Jul 2023, 4:24 am
No, responded Sotomayor, who was joined by Justices Elena Kagan and Ketanji Brown Jackson. [read post]
4 Jul 2023, 9:02 pm
Justices Ketanji Brown Jackson, Sonia Sotomayor, and Elena Kagan—esp. [read post]
