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11 Aug 2020, 4:00 am by James Romoser
People Not Politicians Oregon, completed supplemental briefing that was requested by Justice Elena Kagan. [read post]
10 Aug 2020, 8:20 am by Kim Colby
In a concurrence, Justice Elena Kagan, joined by Justice Stephen Breyer, provided a roadmap for the lower court on remand to rule against the religious exemption — a prospect that may necessitate a fourth trip to the Supreme Court for the Little Sisters before final victory. [read post]
5 Aug 2020, 8:57 pm by James Romoser
Justices Stephen Breyer and Elena Kagan noted that they would have denied the request for a stay, but they did not join Sotomayor’s dissent. [read post]
4 Aug 2020, 9:03 pm by Richard L. Revesz
As Justice Elena Kagan indicated powerfully in her dissent, presidential control “can operate through many means—removal to be sure, but also appointments, oversight devices (e.g., centralized review of rulemaking or litigating positions), budgetary processes, personal outreach, and more. [read post]
4 Aug 2020, 9:01 pm by Michael C. Dorf
Judges and justices say that an opinion “won’t write” the way they set out to write it.Biskupic also discusses the possibility that Justice Elena Kagan worked Justice Gorsuch to turn him (and the Chief Justice) around on the transgender case, but to the extent that is true, it  is wholly unobjectionable. [read post]
4 Aug 2020, 1:16 pm by Kalvis Golde
” The last three justices – Brett Kavanaugh, Neil Gorsuch and Elena Kagan – Greene noted, were confirmed by essentially “party-line votes. [read post]
4 Aug 2020, 7:01 am by DONALD SCARINCI
Justice Elena Kagan authored an opinion, which was joined by Justices Stephen Breyer, Ruth Bader Ginsburg, and Maya Sotomayor. [read post]
4 Aug 2020, 6:55 am by Howard Bashman
“Associate Justice Elena Kagan, after decade on bench, emerges as Supreme Court ‘bridge-builder'”: Richard Wolf of USA Today has this report. [read post]
4 Aug 2020, 5:16 am by James Romoser
This week marks the 10-year anniversary of Justice Elena Kagan’s confirmation to the Supreme Court, and USA Today’s Richard Wolf examines the heavy influence she has had during her first decade as a justice. [read post]
4 Aug 2020, 4:00 am by Josh Blackman
He would appoint two Justices to the Supreme Court: Sonia Sotomayor and Elena Kagan. [read post]
3 Aug 2020, 9:05 pm by Rachel Rebouche
The plurality, which also included Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan, determined that the law created an unconstitutional “undue burden” on access to abortion services, failing to satisfy the standard established in Planned Parenthood v. [read post]
3 Aug 2020, 3:12 pm by David Oscar Markus
And Justice Elena Kagan lurks in the background, eager to lend a helping hand to form a moderate coalition. [read post]
3 Aug 2020, 8:01 am by Josh Blackman
And Justice Elena Kagan lurks in the background, eager to lend a helping hand to form a moderate coalition. [read post]
1 Aug 2020, 12:24 pm by Matt Gluck, Tia Sewell
Elena Kagan shared an episode of the Lawfare Podcast on the substance of the Barr testimony, minus the theatrics: Jen Patja Howell also shared a discussion on Rational Security covering Barr’s testimony before the House Judiciary Committee and negotiations about the removal of federal officers from Portland. [read post]
31 Jul 2020, 3:16 pm by Amy Howe
Justice Stephen Breyer filed a short dissent from the court’s denial of the challengers’ motion to lift the stay, which was joined by Justices Ruth Bader Ginsburg (who, the Court’s Public Information Office reported, was discharged from the hospital today after undergoing a non-surgical procedure earlier this week), Sonia Sotomayor and Elena Kagan. [read post]
30 Jul 2020, 4:49 pm by Amy Howe
” It is not publicly known how Justices Clarence Thomas, Stephen Breyer or Elena Kagan voted on the request for a stay, because none of those justices chose to sign on to Roberts’ concurring opinion or Sotomayor’s dissent. [read post]
30 Jul 2020, 12:35 pm by Tia Sewell
Elena Kagan shared an episode of the Lawfare Podcast featuring the substance of Attorney General Bill Barr’s testimony before the House, without the bull. [read post]
29 Jul 2020, 5:04 pm by Josh Blackman
[After two days of hero worship for Chief Justice Roberts and Justice Gorsuch, day three dumps on the Junior Justice.] [read post]
Justices Elena Kagan and Stephen Breyer concurred only in the judgment, finding the ACA was unclear whether the authority granted to HRSA to designate preventive care services also included the power to carve out exemptions. [read post]