Showing posts with label Kagan. Show all posts
Showing posts with label Kagan. Show all posts

Friday, June 28, 2024

Supreme Court's Elena Kagan Targets Samuel Alito In Abortion Case | HuffPost Latest News

"Justice Alito's dissenting opinion requires a brief response. His primary argument is that although EMTALA generally obligates hospitals to provide emergency medical care, it never demands that they offer an abortion — no matter how much that procedure is needed to prevent grave physical harm, or even death," Kagan wrote. 

"That view has no basis in the statute," she said. "EMTALA unambiguously requires that a Medicare-funded hospital provide whatever medical treatment is necessary to stabilize a health emergency — and an abortion, in rare situations, is such a treatment."…

Friday, May 24, 2024

Supreme Court allows disputed South Carolina voting map, a win for GOP - The Washington Post

Justice Elena Kagan, writing for the justices nominated by Democrats, said the majority got it "seriously wrong." 

"Perhaps most dispiriting is what lies behind the court's new approach — its special rules to specifically disadvantage suits to remedy race-based redistricting," Kagan wrote in an opinion joined by Justices Sonia Sotomayor and Ketanji Brown Jackson. 

Kagan warned that the majority opinion sends a message to lawmakers and mapmakers to use race as a proxy to achieve partisan ends...


Thursday, January 18, 2024

At Chevron arguments at Supreme Court, Kagan’s questioning exposes the stakes

She summed up the issue as whether the countless policy issues confronting the nation will be decided by courts that don't have expertise or agencies that do... 

For context, it's important to understand that the Chevron decision came in 1984, when Republicans had executive power and wanted to wield it instead of judges. Now that Republicans have reshaped the high court — cementing a 6-3 conservative majority — they want the justices to hold that power…

Saturday, August 5, 2023

Sunday, July 2, 2023

Kagan says Barrett got it backwards | CNN Politics

"The broadly worded 'waive or modify' delegation IS the HEROES Act, not some tucked away ancillary provision," Kagan wrote, referring to the relevant student loan program statute. "And as JUSTICE BARRETT agrees, 'this is not a case where the agency is operating entirely outside its usual domain.' So I could practically rest my case on JUSTICE BARRETT's reasoning."

Thursday, September 15, 2022

Opinion | Elena Kagan to her colleagues: You’re why the Supreme Court has lost legitimacy - The Washington Post

On Monday, she let loose a burst of refreshing clarity during a talk at Temple Emanu-El in New York. "Judges create legitimacy problems for themselves … when they instead stray into places where it looks like they're an extension of the political process or when they're imposing their own personal preferences," she said. She added that the public has a right to expect that "changes in personnel don't send the entire legal system up for grabs."…


Thursday, April 7, 2022

The Supreme Court's attack on the Clean Water Act was too radical for John Roberts.

…Just two days earlier, Justice Amy Coney Barrett once again declared that the Supreme Court is not political during a speech at the Ronald Reagan Presidential Library Foundation. Americans concerned that a particular ruling was "purely results-driven," she said, should "read the opinion." A close reading, Barrett asserted, would help the public decide if the ruling is "designed to impose the policy preferences of the majority" or an honest effort to "determine what the Constitution and precedent requires." 

But those upset by Wednesday's decision, which strayed so far from all known law that even Chief Justice John Roberts was driven to dissent, cannot "read the opinion"—because there is none. If that logic-free attack on the Clean Water Act is not a "purely results-driven" attempt to "impose the policy preferences of the majority," it's hard to see what is…


Wednesday, May 19, 2021

In Edwards v. Vannoy, Kagan criticizes Kavanaugh for judicial scorekeeping.

… Thus, in a single page, Kavanaugh wiped out decades of precedent allowing new rules of criminal procedure to apply retroactively. And he did not offer the usual justifications that the court provides when reversing its past decisions. Instead, he asserted that he was actually helping criminal defendants…









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