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6 Mar 2024, 7:16 am by Derek T. Muller
And then there was a concurring opinion jointly authored by justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson concurring in the judgment only, but they too agreed with the heart of the reasoning of the majority.I’ll focus on the consensus view of the court for a moment. [read post]
6 Mar 2024, 7:16 am by Derek T. Muller
And then there was a concurring opinion jointly authored by justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson concurring in the judgment only, but they too agreed with the heart of the reasoning of the majority.I’ll focus on the consensus view of the court for a moment. [read post]
6 Mar 2024, 3:00 am by jonathanturley
Raskin’s measure, Justices Ketanji Brown Jackson, Elena Kagan and Sonia Sotomayor are no longer acting as “real Supreme Court justices. [read post]
4 Mar 2024, 1:43 pm by Scott Bomboy
Concurring only in the judgment, Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson believed Colorado on its own could not disqualify Trump. [read post]
4 Mar 2024, 9:09 am by Amy Howe
But four justices – Justice Amy Coney Barrett in a separate opinion and Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson in a joint opinion – argued that their colleagues should have stopped there and not decided anything more. [read post]
Justices Amy Coney Barrett, Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson wrote concurrences arguing that the court should not have decided how the federal government may enforce Section 3. [read post]
29 Feb 2024, 12:32 pm by Ronald Mann
” Harris offered a long and discursive answer to that question, but then Justice Elena Kagan stepped in and asked him pointedly: “Do you think that the 9th Circuit decided whether the official [sweepstakes] rules supplant the original arbitration agreement’s delegation clause. [read post]
29 Feb 2024, 9:24 am by Howard Bashman
Supreme Court debates whether bump stocks are illegal; ‘You have to apply a little bit of common sense,’ said Justice Elena Kagan, who used to go hunting with the late Justice Antonin Scalia; Justice Sonia Sotomayer was piqued by an ‘arthritis’ defense. [read post]
Chief Justice John Roberts, Justice Clarence Thomas and Justice Elena Kagan questioned Fletcher on how a bump stock functions compared to a fully automatic machinegun and what a shooter using a bump stock has to do to fire a weapon at a higher rate than usual. [read post]
28 Feb 2024, 3:41 pm by Ronald Mann
The problem for the justices, especially Justices Samuel Alito and Elena Kagan, is that deciding whether an interest requirement “significantly interfere[s]” with a bank’s activities seems like a pretty fact-laden inquiry. [read post]
28 Feb 2024, 12:41 pm by Amy Howe
” Justice Elena Kagan intervened, suggesting that the shooter doesn’t actively “make sure that the hand is moving back and forth” but instead “just makes sure that he is pushing forward. [read post]
26 Feb 2024, 11:38 pm by Ilya Somin
" Justice Elena Kagan summarized the issues best, when she noted, in the Florida argument, that, if social media firms have "content-based restrictions" on what kinds of speech they wish to host (e.g. [read post]
26 Feb 2024, 4:46 pm by Amy Howe
” Justice Elena Kagan was one of several justices to question the constitutionality of the Texas and Florida laws, especially as they would apply to large social media platforms like Facebook, YouTube, and X (formerly known as Twitter). [read post]
26 Feb 2024, 2:37 pm by Ronald Mann
I will be surprised if somebody (and I’ll pick Justice Elena Kagan) does not have a few words to say about that next week. [read post]
21 Feb 2024, 12:50 pm by Amy Howe
(William Hennessy) Justice Elena Kagan suggested that the challengers were imposing too high a bar on the EPA. [read post]
12 Feb 2024, 9:01 pm by Michael C. Dorf
Asked by Justice Elena Kagan during the oral argument what possible purpose the Reconstruction Congress that proposed the Fourteenth Amendment could have had for excluding Presidents-turned-insurrectionists from Section 3’s coverage, Trump’s lawyer Jonathan Mitchell admitted that there was no good rationale for doing so. [read post]
12 Feb 2024, 9:51 am by Scott Bomboy
For instance, Chief Justice John Roberts and Justice Elena Kagan raised the overall question of how Colorado’s ability to bar a candidate could be used as a precedent in many other states—including some states that have threatened to retaliate by barring other candidates if Trump’s ineligibility is upheld. [read post]