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Elena Kagan

shadow docket

Justice Kavanaugh on the Peril of Writing Shadow Docket Opinions

Rushing out opinions can lock in erroneous conclusions and create problematic precedent.

Jonathan H. Adler |The Volokh Conspiracy | 7.31.2025 3:32 PM

Nationwide Injunctions

Justice Kagan on Universal Injunctions in 2022

Justice Kagan said "it just can't be right" that a single court judge can stop a federal policy in its tracks nationwide.

Jonathan H. Adler |The Volokh Conspiracy | 6.29.2025 10:54 AM

Supreme Court

Why Did Justice Kagan Write So Little This Term?

Other than the Chief, Justice Kagan wrote the fewest opinions.

Jonathan H. Adler |The Volokh Conspiracy | 6.27.2025 11:41 AM

The justices are seen in front of the U.S. Supreme Court | Illustration: Eddie Marshall | Fred Schilling, Collection of the Supreme Court of the United States | Midjourney

Supreme Court

Is the Supreme Court Really That Divided? The Facts Say No.

Unanimous rulings on discrimination, guns, and religion once again challenge the common media narrative that the Court is hopelessly polarized.

Billy Binion | 6.5.2025 5:21 PM

Supreme Court

Justice Kagan's Ninth Circuit Judicial Conference Remarks

Thanks to C-Span, video is now available.

Jonathan H. Adler |The Volokh Conspiracy | 7.29.2024 11:30 AM

Supreme Court

"Wall Slammer" Kagan Seems to Endorse Ethics Code Enforcement at Supreme Court

Candid end of term comments from one of the Court's progressive justices.

Jonathan H. Adler |The Volokh Conspiracy | 7.25.2024 10:22 PM

Justice Ketanji Brown Jackson | Tom Williams/CQ Roll Call/Newscom

Supreme Court

Ketanji Brown Jackson Joins Conservative Justices in Upending Hundreds of January 6 Cases

Her concurrence is a reminder that the application of criminal law should not be infected by personal animus toward any given defendant.

Billy Binion | 6.28.2024 5:10 PM

The U.S. Supreme Court is seen behind a row of handguns | Illustration: Lex Villena; Patricia Hofmeester

Supreme Court

The Supreme Court Isn't as Radical as You Think

There is a great deal of panic surrounding the "extreme" nature of the current Court. But that is often not based in reality.

Billy Binion | 6.25.2024 4:58 PM

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