Three Justices on the Court offered a dissent: Justice Ginsburg, Justice Breyer and Justice Kagan.
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U.S., was affirmed by an equally divided court (with Justice Kagan recused).
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The Ohio Attorney General has filed an emergency request with Justice Kagan to allow Ohio early voting three days early for civilians voters.
And then, secondly, the Ohio Attorney General has filed an emergency request with Justice Kagan to allow Ohio early voting three days early for civilian voters.
At the very least, her association with Shariah adds to the already long list of issues on which a Justice Kagan would have to recuse herself, seriously diminishing her value to the court.
Justice Kagan and the two justices who joined her concurrence considered a trained drug-detection dog to be a device not in general public use, and on those grounds would have found its use unconstitutional in light of Kyllo.
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In order to run afoul of that provision, Justice Kagan herself would have had to participate in her official capacity as counsel or adviser in the case at any stage, or expressed an opinion in her official capacity about the merits.
Wednesday's memorable remarks came from Justice Elena Kagan, about 68 minutes into the arguments.
Justice Elena Kagan agreed, adding that while covered jurisdictions hold 25% of the U.S. population, they account for 56% of voting-rights lawsuits.
During her Supreme Court confirmation hearings, now-Justice Elena Kagan was asked Senator Tom Coburn (R-OK) if a broccoli mandate would be constitutional.
Justice Elena Kagan took no part in the consideration of the case, presumably because she dealt with it in her former job as Solicitor General.
Justice Elena Kagan, who wrote the high court opinion, taught at the University of Chicago and later at Harvard Law, where she became dean.
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Justice Elena Kagan agreed, saying that while covered jurisdictions hold less than 25% of the U.S. population, they account for 56% of successful voting-rights lawsuits.
The motivation behind the 1996 federal law, passed by large majorities in Congress and signed by President Bill Clinton, was questioned repeatedly by Justice Elena Kagan.
U.S., a deportation decision released today, Justice Elena Kagan wrote the opinion with liberal Ruth Bader Ginsburg and presumed liberal Sonia Sotomayor dissenting.
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Your mother has classmates--men now on the wrong side of Justice Elena Kagan's hypothetical age limit of 55--who are married to their first wives and are the fathers of toddlers.
Justice Elena Kagan will not hear this case, because as solicitor general, before taking the bench last year, she had been involved in the administration's initial legal opposition to the law.
With this case, there is a wild card: Justice Elena Kagan may recuse herself (not participate in the decision) because she was previously involved with the Gill case as Solicitor General.
"Bowman planted Monsanto's patented soybeans solely to make and market replicas of them thus depriving the company of the reward patent law provides for the sale of each article, " said Justice Elena Kagan.
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The decision or non-decision, really, since Justice Elena Kagan was forced to recuse herself, leaving a tie vote has serious implications for U.S. retailers that obtain their goods on the gray market.
"It seems as though you are just talking about a matter of timing that Congress can regulate the transaction, and the question is when does it make best sense to regulate that transaction, " said Justice Elena Kagan.
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Further, conservatives have noted their belief that Justice Elena Kagan, an Obama appointee, has an ethical conflict due to having served as Solicitor General for the Obama Administration when the first cases challenging the law were at the trial court level.
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However, Justice Elena Kagan drew an audible gasp from the packed courtroom by quoting from the official House reports of 17 years ago, when legislators stated one reason to pass DOMA was to "express moral disapproval" over gays and lesbians being allowed to wed.
"The question-- similar to every inquiry intro probable cause-- is whether all the facts surrounding a dog's alert, viewed through the lens of common sense, would make a reasonably prudent person think that a search would reveal contraband or evidence of a crime, " said Justice Elena Kagan.
In this criminal case, Justice Kennedy wrote the majority opinion, with Justices Kagan and Ginsburg penning one dissent, and Justice Scalia another.
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Earlier in her career, Kagan clerked for Justice Thurgood Marshall, served as a U.S. senate staff member and worked as a White House lawyer and domestic policy aide for the Clinton Administration.
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She and Justice Sonia Sotomayor, who preceded Kagan by a year, have found their footing.
This morning, President Obama nominated Elena Kagan as his choice to succeed retiring Justice John Paul Stevens.
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Obviously between now and the end of the year, the Senate will take up and I believe approve Elena Kagan to be the next Supreme Court justice.
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