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Witness The Honorable Elena Kagan
Supreme Court of the United States · 2 hearings
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Supreme Court: Structure of Federal Housing Finance Agency Violates Constitution
Posts · Jun 28, 2021
On June 23, the Supreme Court in Collins v. Yellen ruled 7-2 that the structure of the Federal Housing Finance Agency (FHFA) violates the Constitution’s separation of powers. The FHFA is headed by a...
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Supreme Court Allows Emergency Abortions in Idaho but Leaves Litigation Unresolved
Posts · Jul 12, 2024
On June 27, 2024, the Supreme Court, in a one-sentence, unsigned (per curiam) order accompanied by four concurring and/or dissenting opinions, concluded that it had “improvidently granted” review...
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Supreme Court Overrules Chevron Framework
Posts · Jun 28, 2024
In what has the potential to be one of the most consequential decisions in federal administrative law, the Supreme Court on June 28, 2024, overruled Chevron U.S.A., Inc. v. Natural Resources Defense...
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High Court Strikes Down Provision of Crime of Violence Definition as Unconstitutionally Vague
Posts · Jul 17, 2019
UPDATE: In June 2019, following the publication of this Sidebar, the Supreme Court in United States v. Davis held that the residual clause of the “crime of violence” definition found in 18 U.S.C. §...
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Supreme Court Invalidates Student Loan Cancellation Policy Under the HEROES Act
Posts · Jul 5, 2023
On June 30, 2023, the Supreme Court decided two cases concerning the Department of Education’s (ED’s) plan to cancel up to $20,000 of outstanding federal student loan debt for certain borrowers. In...
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Supreme Court Addresses Major Questions Doctrine and EPA’s Regulation of Greenhouse Gas Emissions
Posts · Jul 12, 2022
On June 30, 2022, the Supreme Court decided West Virginia v. EPA, a case with significant implications for U.S. environmental policy and, more broadly, for Congress’s ability to delegate authority...
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Supreme Court Narrows Federal Jurisdiction Under Clean Water Act
Posts · Jun 21, 2023
On May 25, 2023, the Supreme Court decided Sackett v. EPA, a case with significant implications for the scope of federal jurisdiction under the Clean Water Act (CWA). While the Court unanimously...
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Clear Statement Rules, Textualism, and the Administrative State
Posts · Dec 4, 2023
A “clear statement rule” is a judicial presumption that courts should not interpret a statute a certain way unless Congress made a “clear statement” requiring that outcome. In the Supreme Court’s...
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Supreme Court Narrows Dormant Commerce Clause and Upholds State Animal Welfare Law
Posts · Aug 31, 2023
On May 11, 2023, the Supreme Court upheld a California rule (Proposition 12) banning the in-state sale of whole pork meat from pigs that had been “confined in a cruel manner,” even if those pigs were...
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Supreme Court Agrees to Hear Voting Rights Act Challenge to Congressional Redistricting Map and Stays Lower Court Ruling: Implications for Congress
Posts · Feb 22, 2022
The Supreme Court has agreed to consider a significant case challenging an Alabama congressional redistricting map under the Voting Rights Act (VRA). On February 7, in the consolidated case Merrill...
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Texas Heartbeat Act (S.B. 8) Litigation: Supreme Court Identifies Narrow Path for Challenges to Texas Abortion Law
Posts · Dec 13, 2021
On December 10, 2021, the Supreme Court issued decisions in United States v. Texas and Whole Woman's Health v. Jackson. Both cases involved challenges to the Texas Heartbeat Act, also known as S.B....
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Supreme Court Preserves Patent Trial and Appeal Board, but with Greater Executive Oversight
Posts · Jun 29, 2021
In 2011, Congress enacted a major patent reform bill, the Leahy–Smith America Invents Act (AIA). Among other things, the AIA created new adversarial administrative proceedings within the Patent and...
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Jones v. Mississippi: Juvenile Life Without Parole Back at the Supreme Court
Posts · Oct 30, 2020
On November 3, 2020, the Supreme Court is scheduled to hear oral argument in Jones v. Mississippi, a case concerning whether the Eighth Amendment’s ban on cruel and unusual punishments requires a...
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Supreme Court Rules That Excluding Religious Schools from Aid Program Violates Constitution: Implications for Congress
Posts · Jul 2, 2020
Based on concerns about impermissibly supporting religion, many state constitutions bar state governments from providing funds to churches and other types of religious institutions—even in...
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Mathena v. Malvo—A Challenge to Life Without Parole for the Juvenile D.C. Sniper
Posts · Feb 27, 2020
UPDATE: On February 24, 2020, Virginia Governor Ralph Northam signed into law HB 35, which provides that any person previously sentenced to life imprisonment without parole for offenses committed as...
Hearing Budget Hearing - Supreme Court of the United States
house Financial Services and General Government Subcommittee · Jul 14, 2026 · Transcript
THE HONORABLE ELENA KAGAN "Chairman Joyce, Ranking Member Hoyer, Ranking Member DeLauro, thank you for giving Justice Barrett and me the opportunity to present the Supreme Court's fiscal year 2027 budget request. But if you don't mind, Chairman Joyce, before I do that, I would like to say a few words about Senator Graham's untimely passing. Senator Graham, of course, was a member of this House before he became a senator, and in part, I wish to express the entire Court's condolences"
Hearing Hearings to examine proposed budget estimates and justification for fiscal year 2027 for the Supreme Court of the United States.
senate Financial Services and General Government Subcommittee · Jul 14, 2026 · Transcript
THE HONORABLE ELENA KAGAN "Thank you, Chairman Hagerty, and thank you, Ranking Member Reid, for giving Justice Barrett and me the opportunity to appear here before you today. I hope we can do it more than once every three decades. That doesn't seem too much to ask for, to present the Supreme Court's fiscal year 2027 budget request. I would like to start, Senator Hagerty, if I might, the same way you did, by speaking a bit about Senator Graham. And I did this this morning as well, but you provided me with a—I talked this morning about exactly what you talked about. First, I want to say that the entire court wants to..."