Society


Posts filtered by tags: Elena Kagan[x]


 

‘Tragic’: Justice Elena Kagan’s scorching dissent on US voter suppression

The supreme court’s conservative wing considerably weakened section 2 of the Voting Rights Act, and Kagan didn’t hold backThere may have been no supreme court decision this year more important this year than the one in Brnovich v Democratic National Committee.In a 6-3 ruling that broke down along ideological lines, the court’s conservative justices upheld two Arizona voting restrictions and considerably weakened section 2 of the Voting Rights Act, the landmark 1965 civil rights law. Continue rea...
Tags: Law, US, World news, US news, Arizona, US supreme court, Democratic National Committee, Elena Kagan, Kagan, Brnovich, Law (US


‘Tragic’: Justice Elena Kagan’s scorching dissent on Arizona voting restrictions

The supreme court’s conservative wing considerably weakened section 2 of the Voting Rights Act, and Kagan didn’t hold backThere may have been no supreme court decision this year more important this year than the one in Brnovich v Democratic National Committee.In a 6-3 ruling that broke down along ideological lines, the court’s conservative justices upheld two Arizona voting restrictions and considerably weakened section 2 of the Voting Rights Act, the landmark 1965 civil rights law. Continue rea...
Tags: Law, World news, US news, Arizona, US supreme court, Democratic National Committee, Elena Kagan, Kagan, Brnovich, Law (US


Selective originalism and selective textualism: How the Roberts court decimated the Voting Rights Act

This article is part of a symposium on the court’s decision in Brnovich v. Democratic National Committee. David H. Gans is the director of the Human Rights, Civil Rights & Citizenship Program at the Constitutional Accountability Center. The Roberts court continues to issue rulings that harm our democracy. On Thursday, it once again struck a savage blow to our nation’s best frontline defense against racial voter suppression.  The Voting Rights Act — the crown jewel of the civil rights movement t...
Tags: John Lewis, Featured, Supreme Court, Law, Congress, United States, States, Roberts, Alito, Democratic National Committee, Shelby County, Holder, Elena Kagan, Samuel Alito, Human Rights Civil Rights Citizenship Program, Brnovich


The Supreme Court gets it right on Section 2

This article is the final entry in a symposium on the court’s decision in Brnovich v. Democratic National Committee. Hans von Spakovsky is a senior legal fellow and manager of the Election Law Reform Initiative at The Heritage Foundation. He is former career counsel to the assistant attorney general for civil rights at the U.S. Department of Justice. The Supreme Court’s 6-3 decision in Brnovich v. Democratic National Committee is not only the correct result under the applicable law – Section 2 ...
Tags: Featured, Supreme Court, Law, Congress, Senate, Dnc, House, Arizona, Vra, State, Sonia Sotomayor, Alito, Democratic National Committee, Shelby County, Stephen Breyer, Elena Kagan


In Barrett’s first term, conservative majority is dominant but divided

At the conclusion of Justice Amy Coney Barrett’s first term, the Supreme Court’s six-justice conservative majority is grappling with its newfound control. A split developing among its members is complicating the conservative revolution some predicted after Barrett’s confirmation last October. But with no anticipation of a Republican-appointed justice retiring anytime soon, and a blockbuster docket next term featuring clashes over abortion and gun rights, the contours of the court’s rightward sh...
Tags: New York, Featured, Mississippi, Supreme Court, Law, California, Joe Biden, Harvard, Philadelphia, Smith, Ruth Bader Ginsburg, Thomas, Democratic, Sonia Sotomayor, John Roberts, Roberts


Court releases names of law clerks for 2021-22 term

As the justices ended their business for the 2020-21 term and began their summer recess on Friday, the court announced the names of the law clerks slated to work for each justice next term. Here are the clerks for the 2021-22 term, which will begin in October. Chief Justice John Roberts: Samuel Adkission Christina Gay Maxwell Gottschall Dennis Howe Justice Clarence Thomas: Christopher Goodnow Steven Lindsay Michael Proctor Jose Valle Justice Stephen Breyer: Elizabeth Deutsch Erika Hoglun...
Tags: Law, Kennedy, Sonia Sotomayor, John Roberts, Stephen Breyer, Elena Kagan, Clarence Thomas, Samuel Alito, What's Happening Now, Brett Kavanaugh, Neil Gorsuch, Amy Coney Barrett, Elizabeth Nielson


Justices add one religious-rights case to docket but turn down another

Just before departing for their summer recess, the justices on Friday added 10 new cases to their docket for next term, including a high-profile dispute involving public funding for private schools that provide religious instruction. The busy order list was in some ways was a microcosm of the 2020-21 term as a whole. Although the decision to hear the school-funding case suggested that the court as a whole will continue to move to the right, the justices turned down another request to weigh in o...
Tags: Featured, Minnesota, Mississippi, Supreme Court, Law, Colorado, Washington, Court, Alabama, City, Chicago, David, United States, New Hampshire, Maine, Tennessee


Justice Alito Eviscerates Voting Rights Act With Masterclass Of Sophistry

Want to completely rewrite a statute? Here you go!
Tags: Supreme Court, Law, Courts, Alito, Elena Kagan, Sam Alito, Election Law, Voting Rights Act, Brnovich


Court upholds Arizona voting restrictions, limits cases under Voting Rights Act

This article was updated on July 1 at 5:45 p.m. On the last day before its summer recess, the Supreme Court issued a major decision on voting rights that will make it more difficult to contest election regulations under the Voting Rights Act. By a vote of 6-3, the justices upheld two Arizona voting provisions that Democrats and civil rights groups challenged as disproportionately burdening minority voters. In an opinion by Justice Samuel Alito, the majority outlined what it described as “guidep...
Tags: Featured, Supreme Court, Law, Congress, Court, America, United States, Arizona, State, 9th Circuit, Howe, Alito, Democratic National Committee, U S Court of Appeals, Shelby County, Holder


Divided court leaves eviction ban in place

The Supreme Court on Tuesday denied a request by a group of Alabama real estate agents to block a federal moratorium on evictions that was imposed because of the COVID-19 pandemic. Justice Brett Kavanaugh provided the key vote to leave the moratorium in place, joining Chief Justice John Roberts and the court’s three liberal justices. Kavanaugh wrote that, although he agrees with the real estate agents that the Centers for Disease Control and Prevention exceeded its authority when it issued the ...
Tags: Supreme Court, Law, Congress, Cdc, Alabama, Centers For Disease Control And Prevention, John Roberts, Howe, Friedrich, Elena Kagan, Kavanaugh, Department of the Treasury, Brett Kavanaugh, Elizabeth Prelogar, Amy Coney Barrett, Dabney Friedrich


Bond eligibility for certain noncitizens divides court along ideological lines

Congress provided that noncitizens who have been removed from the country but are found back in the United States should be expeditiously removed again. The second deportation occurs through a reinstatement of the first removal order, normally without further hearing, procedure or review. A narrow exception allows people in that situation to apply for “withholding” relief, which does not render the noncitizen any less deportable or otherwise give them the right to remain in the U.S. However, it...
Tags: Featured, Law, Congress, United States, Johnson, Thomas, Sonia Sotomayor, Alito, Stephen Breyer, Breyer, Elena Kagan, Clarence Thomas, Samuel Alito, Board of Immigration Appeals, Merits Cases, Brett Kavanaugh


Divided court says New Jersey can’t stop natural-gas pipeline

A pipeline developer may use the federal government’s power of eminent domain to seize property controlled by New Jersey so that it can build a natural-gas pipeline through the state, the Supreme Court ruled Tuesday in a 5-4 vote. The case, PennEast Pipeline Co. v. New Jersey, involved a planned 116-mile pipeline that would bring natural gas from northeast Pennsylvania to western New Jersey. The developer received a permit from the Federal Energy Regulatory Commission, and it argued that, under...
Tags: Featured, Supreme Court, Law, Pennsylvania, New Jersey, John Roberts, Roberts, Federal Energy Regulatory Commission, Elena Kagan, Merits Cases, Brett Kavanaugh, Neil Gorsuch, Thomas Gorsuch, PennEast Pipeline Co, Stephen Breyer Samuel Alito Sonia Sotomayor, Clarence Thomas Justice Amy Coney Barrett


Justices uphold but narrow patent assignor estoppel

The Supreme Court on Tuesday issued its opinion in Minerva Surgical Inc. v. Hologic Inc. The case sought to abolish the doctrine of patent assignor estoppel, which prohibits an inventor from challenging the validity of the patent on the inventor’s own invention. The court ruled 5-4 to uphold but narrow the doctrine. Justice Elena Kagan wrote the opinion for the court. Justice Samuel Alito filed a dissenting opinion. Justice Amy Coney Barrett also filed a dissenting opinion, in which Justices Cl...
Tags: Featured, Supreme Court, Law, Congress, Alito, Barrett, Minerva, Elena Kagan, Kagan, Clarence Thomas, Samuel Alito, Hologic Inc, U S Court of Appeals for the Federal Circuit, Hologic, Merits Cases, Neil Gorsuch


Justices argue over text (and ceviche) in ruling that Alaska Native corporations are “Indian tribes”

The Supreme Court on Friday ruled that Alaska Native corporations constitute “Indian tribes” under the Indian Self-Determination and Education Assistance Act, making them eligible for $500 million in federal coronavirus relief. Though the court focused almost exclusively on the statutory text, the decision will likely have broader implications for Alaska Natives. The case, Yellen v. Confederated Tribes of the Chehalis Reservation, centered on the 2020 CARES Act, which set aside $8 billion in ...
Tags: Featured, Supreme Court, Law, United States, Alaska, Yellen, Sonia Sotomayor, John Roberts, Treasury Department, Mark Bittman, Native, Sotomayor, Elena Kagan, Samuel Alito, Alaska Native, Gorsuch


In dispute over renewable fuels, justices unravel “extensions” of “exemptions”

When Congress says that a firm can apply for an “extension” of an exemption, is a firm that has allowed its exemption to lapse eligible to apply for the “extension?” That is the question that divided the Supreme Court justices Friday in HollyFrontier Cheyenne Refining v. Renewable Fuels Association. Six justices said yes, while three justices said no. The context in which the question arose was the Renewable Fuels Program that Congress established in 2005. The program is intended to increase th...
Tags: Featured, Supreme Court, Law, Congress, Court, Epa, Environmental Protection Agency, Department Of Energy, RFA, Chevron, Sonia Sotomayor, Barrett, U S Court of Appeals, Sotomayor, Stephen Breyer, Elena Kagan


Court limits standing in credit-reporting lawsuit

The Supreme Court on Friday substantially narrowed a class action against TransUnion, one of the nation’s three major credit-reporting companies. By a vote of 5-4, the court ruled that roughly 1,800 people whose personal information was given to someone else have a legal right to sue on their claim that TransUnion failed to follow proper procedures, but about 6,000 other people whose information was not disclosed do not. The ruling will substantially reduce a $40 million verdict against TransUn...
Tags: Featured, Supreme Court, Law, Congress, California, Robins, Thomas, Howe, Ramirez, Sotomayor, Breyer, Elena Kagan, Kagan, Congress the Supreme Court, Clarence Thomas, Kavanaugh


Oil refineries win battle over renewable-fuel exemptions

The Supreme Court ruled Friday in favor of oil refineries seeking exemptions from a federal program that requires renewable fuels to be blended into gasoline and diesel. Justice Neil Gorsuch wrote the opinion in Hollyfrontier Cheyenne Refining v. Renewable Fuels Association. The case involved the Renewable Fuel Program, which Congress created in 2005 and expanded to its current form in 2007. Congress gave small refineries a temporary exemption from the program’s requirement to use increasing am...
Tags: Featured, Supreme Court, Law, Congress, Environmental Protection Agency, Sonia Sotomayor, John Roberts, Renewable Fuels Association, Elena Kagan, Gorsuch, HollyFrontier, Merits Cases, Brett Kavanaugh, Neil Gorsuch, Amy Coney Barrett, Renewable Fuel Program


Justices side with Alaska Native corporations in dispute over COVID aid

Alaska Native corporations are eligible for about $500 million in COVID-19 relief money that Congress earmarked for Native American tribes, the Supreme Court ruled Friday. Justice Sonia Sotomayor wrote the opinion in Yellen v. Confederated Tribes of the Chehalis Reservation. The case required the court to decide whether Alaska Native corporations are “Indian tribes” for the purpose of the 2020 CARES Act. Those corporations are Native-owned companies that Congress created in 1971 to resolve land...
Tags: Featured, Supreme Court, Law, Congress, United States, Alaska, Treasury, Yellen, Sonia Sotomayor, John Roberts, ANC, Treasury Department, Native, Sotomayor, Elena Kagan, Bureau of Indian Affairs


Justices craft their own remedy for violation of Constitution’s appointments clause

On Monday, the justices ruled 5-4 that the “unreviewable authority” of administrative patent judges meant those APJs were appointed in violation of the Constitution’s appointments clause. The justices then ruled 7-2 that the remedy was one of the court’s own making — that the director of the U.S. Patent and Trademark Office now has the discretion to review those APJ decisions. Both rulings occurred in United States v. Arthrex, Inc. A decade ago, Congress enacted a patent-reform bill, the Leah...
Tags: Supreme Court, Law, Congress, Senate, Court, United States, AIA, Presidential, Thomas, Sonia Sotomayor, John Roberts, Roberts, PTO, Barrett, Edmond, U S Patent and Trademark Office


No sentencing enhancements for recklessness convictions under federal Armed Career Criminal Act

In Borden v. United States, the Supreme Court analyzed the Armed Career Criminal Act’s force clause or elements clause. Under the ACCA, a person who has three violent felony convictions and is then convicted of possessing a firearm faces a mandatory minimum sentence of 15 years. In this case, the court had to decide whether the term “violent felony” includes crimes committed with a reckless state of mind. In a decision on June 10, five justices agreed that a recklessness crime does not count as...
Tags: Law, Congress, United States, Johnson, Thomas, John Roberts, Borden, U S Court of Appeals, Elena Kagan, Kagan, Clarence Thomas, Samuel Alito, Kavanaugh, United States the Supreme Court, ACCA, Ashcroft


Court declines to endorse warrantless entries in all “hot pursuits” for misdemeanors

The Supreme Court ruled on Wednesday that when police are pursuing someone for a misdemeanor, that pursuit does not automatically create the kind of emergency that allows the officer to follow the suspect into a home without a warrant. The court acknowledged that many cases will involve such emergencies – but that determination, Justice Elena Kagan stressed in her opinion for the court, will depend on the facts of each case. The decision came in the case of Arthur Lange, a California man conv...
Tags: Featured, Supreme Court, Law, California, Sonoma, Lange, John Roberts, Roberts, Howe, Elena Kagan, Kagan, Samuel Alito, Merits Cases, Weikert, Arthur Lange, Aaron Weikert


Despite constitutional violation, court rejects broad relief for shareholders of mortgage giants

The Supreme Court on Wednesday had mostly bad news for shareholders of mortgage giants Fannie Mae and Freddie Mac in their lawsuit seeking to unwind a 2012 agreement that required the companies to transfer profits to the federal government. The justices unanimously agreed that one of the shareholders’ claims could not go forward. And although the court agreed, by a vote of 7-2, that the structure of the federal agency that regulates Fannie and Freddie is at least in part unconstitutional, ...
Tags: Featured, Supreme Court, Law, Congress, Senate, White House, Joe Biden, Treasury, Collins, Yellen, Sonia Sotomayor, Freddie Mac, Treasury Department, Alito, CFPB, Sotomayor


Court holds that regulation guaranteeing union access to employees is unconstitutional

The Supreme Court on Wednesday ruled that a California regulation that permits union organizers to enter the property of agricultural businesses to talk with employees about supporting a union is unconstitutional. By a vote of 6-3, the court agreed with the two businesses challenging the regulation that the rule violates the Fifth Amendment, which bars the government from taking private property without compensation. The ruling was a major victory for property-rights advocates and a setback for...
Tags: Featured, Supreme Court, Law, California, Court, Fresno, Sonia Sotomayor, John Roberts, Roberts, Howe, Fowler, Stephen Breyer, Breyer, Elena Kagan, Fowler Packing Co, Cedar Point


Justices scale back “unreviewable authority” of administrative patent judges

The Supreme Court ruled Monday that more than 200 administrative patent judges in the U.S. Patent and Trademark Office must be subject to greater supervision by the agency director in order to comply with the Constitution’s appointments clause. The decision in United States v. Arthrex, Inc. was fragmented. The court ruled 5-4 that the level of authority exercised by the patent judges is incompatible with the Constitution because the patent judges are not nominated by the president and confirmed...
Tags: Featured, Supreme Court, Law, Congress, Senate, United States, Commerce, Uspto, Sonia Sotomayor, John Roberts, Roberts, Barrett, U S Patent and Trademark Office, Stephen Breyer, Elena Kagan, Clarence Thomas


"The refusal of Philadelphia to contract with CSS for the provision of foster care services unless [Catholic Social Services] agrees to certify same-sex couples as foster parents violates the Free Exercise Clause of the First Amendment."

 The Supreme Court has just ruled in Fulton v. Philadelphia.ROBERTS, C. J., delivered the opinion of the Court, in which BREYER, SOTOMAYOR, KAGAN, KAVANAUGH, and BARRETT, JJ., joined. BARRETT, J., filed a concurring opinion, in which KAVANAUGH, J., joined, and in which BREYER, J., joined as to all but the first paragraph. ALITO, J., filed an opinion concurring in the judgment, in which THOMAS and GORSUCH, JJ., joined. GORSUCH, J., filed an opinion concurring in the judgment, in which THOMAS and ...
Tags: Supreme Court, Law, Court, Css, Adoption, Philadelphia, Smith, Thomas, Fulton, Adam Liptak, Alito, Barrett, Breyer, Elena Kagan, Kavanaugh, Catholic Social Services


Court again leaves Affordable Care Act in place

This article was updated on June 17 at 5:16 p.m. In a much-anticipated decision, the Supreme Court on Thursday rejected another effort to dismantle the Affordable Care Act, the health care reform law often regarded as the signature legislative achievement of former President Barack Obama. The justices did not reach the main issue in the case: whether the entirety of the ACA was rendered unconstitutional when Congress eliminated the penalty for failing to obtain health insurance. Instead, by a v...
Tags: Texas, Featured, Supreme Court, Law, Congress, California, Court, Barack Obama, House Of Representatives, Biden, Ruth Bader Ginsburg, ACA, Medicaid, King, Irs, Trump


Justices request government’s views on Harvard affirmative-action dispute

The Supreme Court on Monday asked the federal government to weigh in on whether the justices should once again wade into the battle over affirmative action. In an order list issued from last week’s private conference, the court asked Acting Solicitor General Elizabeth Prelogar to file a brief expressing the government’s views on a challenge to Harvard’s race-conscious admissions policy. Even if the justices ultimately decide to grant review in Students for Fair Admissions v. President and Fello...
Tags: Texas, Featured, Supreme Court, Law, Harvard, Harvard University, Kennedy, University Of Michigan, University Of North Carolina, Sonia Sotomayor, Antonin Scalia, Lyle Denniston, Scalia, Fisher, University of Texas, Howe


Court limits definition of “violent felony” in federal gun-possession penalty

A fractured Supreme Court on Thursday narrowed the scope of a key phrase in the Armed Career Criminal Act, ruling that crimes involving recklessness do not count as “violent felonies” for the purpose of triggering a key sentencing enhancement. Justice Elena Kagan announced the judgment of the court and wrote an opinion that was joined by Justices Stephen Breyer, Sonia Sotomayor and Neil Gorsuch. Justice Clarence Thomas did not join Kagan’s opinion but concurred in the result. That means that fi...
Tags: Featured, Supreme Court, Law, Congress, Court, United States, Tennessee, Johnson, Thomas, Borden, U S Court of Appeals, Elena Kagan, Kagan, Clarence Thomas, Kavanaugh, United States the Supreme Court


Justices deny green cards to noncitizens granted Temporary Protected Status

The Supreme Court unanimously ruled on Monday that noncitizens who have been granted temporary humanitarian relief from deportation cannot use the process known as “adjustment of status” to obtain lawful permanent residency in the United States without leaving the country. The court ruled in Sanchez v. Mayorkas that adjustment of status is reserved for those who were inspected at the border and admitted to the United States by an immigration officer, thus disqualifying the majority of those gra...
Tags: Featured, Supreme Court, Law, United States, El Salvador, Sánchez, Gonzalez, Elena Kagan, Kagan, Mayorkas, Jose Sanchez, Merits Cases, Sonia Gonzalez


Diverse six-justice majority rejects broad reading of computer-fraud law

The Supreme Court’s decision on Thursday in Van Buren v. United States provides the court’s first serious look at one of the most important criminal statutes involving computer-related crime, the federal Computer Fraud and Abuse Act. Justice Amy Coney Barrett’s opinion for a majority 0f six firmly rejected the broad reading of that statute that the Department of Justice has pressed in recent years. Among other things, the CFAA criminalizes conduct that “exceeds authorized access” of a compute...
Tags: Featured, Supreme Court, Law, Georgia, United States, Department Of Justice, John Roberts, The Supreme Court, Van Buren, Barrett, Elena Kagan, Clarence Thomas, Samuel Alito, CFAA, Merits Cases, Brett Kavanaugh



Filters
show more filters
May - 2021
MoTuWeThFrSaSu
     12
3456789
10111213141516
17181920212223
24252627282930
31      
June - 2021
MoTuWeThFrSaSu
 123456
78910111213
14151617181920
21222324252627
282930    
July - 2021
MoTuWeThFrSaSu
   1234
567891011
12131415161718
19202122232425
262728293031