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25 Apr 2024, 6:28 am by Ronald Mann
As Justice Elena Kagan put it, “It’s got to be the court’s view of the law, right? [read post]
Justices Elena Kagan and Ketanji Brown Jackson wrestled with Turner on the scope of EMTALA and what it tells hospitals to do. [read post]
24 Apr 2024, 12:45 pm by Amy Howe
Justice Elena Kagan echoed Jackson’s concerns, asking Turner about a scenario in which a pregnant woman arrives at the emergency room with a serious health condition that will not lead to her death, but – without an abortion – will result in her being unable to have more children. [read post]
23 Apr 2024, 2:46 pm by Ronald Mann
’” And Justice Elena Kagan noted that, on the other hand, the burden of leaving a case on the docket is trivial: “But, presumably … a district court will just keep a list of cases now in arbitration, and that list will exist in some file someplace, and nobody will do anything with it, except if there’s a problem. [read post]
23 Apr 2024, 5:17 am
Police officers in Grants Pass, she suggested, don’t arrest others who fall asleep in public with blankets – for example, babies with blankets or people who are stargazing....Justice Elena Kagan compared sleeping in public, for people who are homeless and have nowhere else to go, to “breathing in public. [read post]
22 Apr 2024, 3:14 pm by Whitney Hodges
In the third concurrence, Justice Brett Kavanaugh, joined by Justices Elena Kagan and Jackson, disagreed with Justice Gorsuch. [read post]
22 Apr 2024, 2:49 pm by Amy Howe
Justice Elena Kagan compared sleeping in public, for people who are homeless and have nowhere else to go, to “breathing in public. [read post]
18 Apr 2024, 9:05 pm by Josephine A. Phillips
Writing for a six-member majority, Justice Elena Kagan commented that “had Congress wanted to limit the liability for job transfers to those causing a significant disadvantage, it could have done so. [read post]
16 Apr 2024, 1:34 pm by Amy Howe
Justice Elena Kagan was one of the justices most resistant to Fischer’s argument. [read post]
The court’s three liberal justices, Ketanji Brown Jackson, Sonia Sotomayor and Elena Kagan, objected to this decision, arguing that the law should have remained entirely blocked and that it was the natural order of a case to be challenged and move through the lower courts appropriately. [read post]
15 Apr 2024, 3:38 pm by Amy Howe
Justice Elena Kagan indicated, without explanation, that she would have denied the request. [read post]
15 Apr 2024, 8:52 am by Guest Author
Moreover, as Justice Elena Kagan pointed out at oral argument, one does not have to read “first accrues” to mean the moment when the plaintiff has standing. [read post]
14 Apr 2024, 1:45 pm by David Oscar Markus
” She is often blunt, once telling Justice Elena Kagan that her question was factually and fundamentally wrong. [read post]
12 Apr 2024, 1:10 pm by Ilya Somin
Oral argument revealed that the justices were in "radical agreement" (as Justice Elena Kagan put it) in rejecting the idea that there is any such legislative exception. [read post]
12 Apr 2024, 10:56 am by Amy Howe
” But in a one-paragraph opinion, Justice Brett Kavanaugh – joined by Jackson and Justice Elena Kagan – wrote separately to stress that the court had “explicitly decline[d] to decide” the question flagged by Gorsuch in his concurring opinion. [read post]
4 Apr 2024, 7:17 am by DONALD SCARINCI
Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson authored an opinion concurring in the judgement but disagreeing with the majority that Congress needed to pass legislation to put the disqualification clause into effect. [read post]
29 Mar 2024, 3:42 am by INFORRM
Columbia Global Freedom of Expression seeks to contribute to the development of an integrated and progressive jurisprudence and understanding on freedom of expression and information around the world. [read post]
Justice Elena Kagan brought up a point in the FDA’s brief that the Fifth Circuit’s decision, which would restrict access to mifepristone, “is the only time any court has restricted access to an FDA-approved drug by second-guessing FDA’s expert judgment about the conditions required to assure that drug’s safe use. [read post]