Search for: "Elena Kagan"
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12 Apr 2024, 1:10 pm
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
” 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
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
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]
26 Mar 2024, 5:05 pm
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]
26 Mar 2024, 12:12 pm
Justice Elena Kagan told Erin Hawley, who argued on behalf of the challengers, that her theory of standing sounded “very probabilistic. [read post]
The Free Speech Trifecta: How the Court Could Fundamentally Alter Free Speech in Three Pending Cases
25 Mar 2024, 4:00 am
Justice Elena Kagan asked, “if reputational risk is a real thing, and if gun companies or gun advocacy groups impose that kind of reputational risk, isn’t it a bank regulator’s job to point that out? [read post]
21 Mar 2024, 10:55 am
“It went about as I predicted it would,” she said, sketching out what she saw to be the dynamics on the bench, with three sympathetic justices (Samuel Alito, Neil Gorsuch, and Clarence Thomas), three swing votes (Amy Coney Barrett, Brett Kavanaugh, and Chief Justice John Roberts), and three skeptics (Sonia Sotomayor, Elena Kagan, and Brown Jackson). [read post]
21 Mar 2024, 7:37 am
Justice Elena Kagan, on the other hand, was more convinced “that the split-second arrest seems to be a key part of the Court’s reasoning” in Nieves – “maybe not all of the Court’s reasoning,” she observed, “but some critical part of it. [read post]
21 Mar 2024, 3:19 am
As Justice Elena Kagan put it during one round of oral arguments: “That’s what makes these cases hard, is that there are First Amendment interests all over the place. [read post]
20 Mar 2024, 9:01 pm
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]
20 Mar 2024, 11:24 am
” For Justice Elena Kagan, it was just the text: “Mr. [read post]
19 Mar 2024, 12:28 pm
” Justice Elena Kagan filed a separate, brief dissent. [read post]
19 Mar 2024, 12:15 pm
Justices Sonia Sotomayor, Ketanji Brown Jackson, and Elena Kagan dissented from the decision to vacate the stay while Justices Amy Coney Barret and Brett Kavanaugh concurred. [read post]
19 Mar 2024, 3:27 am
Kavanaugh and Elena Kagan, both former White House lawyers, said interactions between administration officials and news outlets provided a valuable analogy. [read post]
18 Mar 2024, 9:36 pm
UPDATE: In the original version of this post, I accidentally attributed a statement by Justice Elena Kagan to Justice Ketanji Brown Jackson. [read post]
18 Mar 2024, 2:07 pm
Justice Elena Kagan was one of the strongest proponents of this idea. [read post]
18 Mar 2024, 5:08 am
Here's SCOTUSblog's take:Justice Elena Kagan’s opinion for a sharply divided court in Pulsifer v. [read post]
15 Mar 2024, 2:51 pm
ShareJustice Elena Kagan’s opinion for a sharply divided court in Pulsifer v. [read post]
10 Mar 2024, 9:01 pm
Princeton historian Sean Wilentz says that in their “dissenting-concurrence,” Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson agreed with their colleagues that Trump should not be disqualified “while demolishing the majority’s main argument. [read post]
