Kagan's confirmation hearings were held from June 28, , to July 2, The possible recusals were due to her position as solicitor general:.
This information is updated annually at the end of each term. In the term, Kagan had the highest agreement rate with Stephen Breyer. Kagan had the highest disagreement rate with Samuel Alito.
She disagreed most often with Clarence Thomas. The table below highlights Kagan's agreement and disagreement rates with each justice on the court during that term. In the term, Kagan was in the majority in 75 percent of decisions. Kagan was in the majority more often than one other justice and less often than seven other justices. She was in the majority more often than five other justices and less often than three other justices. Since the term, Kagan has been in the majority more than 80 percent of the time seven times, and in the majority more than 90 percent of the time three times.
Across those nine terms, she has been in the majority for 84 percent of all cases. The noteworthy cases listed in this section include any case where the justice authored a majority opinion or an dissent. Other cases may be included in this decision if they set or overturn an established legal precedent, are a major point of discussion in an election campaign, receive substantial media attention related to the justice's ruling, or based on our editorial judgment that the case is noteworthy.
For more on how we decide which cases are noteworthy, click here. Since she joined the court through the term, Kagan authored the majority opinion in a decision 10 times and had not authored a dissent in an decision. The table below details these cases by year. Kagan authored a majority opinion in Minerva Surgical Inc. Hologic Inc. Justice Samuel Alito filed a dissenting opinion.
Kagan wrote: [30]. This Court recognized assignor estoppel a century ago, and we reaffirm that judgment today. But as the Court recognized from the beginning, the doctrine is not limitless. Its boundaries reflect its equitable basis: to prevent an assignor from warranting one thing and later alleging another. Assignor estoppel applies when an invalidity defense in an infringement suit conflicts with an explicit or implicit representation made in assigning patent rights.
But absent that kind of inconsistency, an invalidity defense raises no concern of fair dealing—so assignor estoppel has no place. For these reasons, we vacate the judgment of the Federal Circuit and remand the case for further proceedings consistent with this opinion. Kagan authored a majority opinion in Borden v. United States , holding that a reckless offense cannot qualify as a "violent felony" if it only requires a mens rea of recklessness—a less culpable mental state than purpose or knowledge.
Justice Clarence Thomas filed a concurring opinion. Kagan wrote: [31]. Offenses with a mens rea of recklessness do not qualify as violent felonies under ACCA. They do not require, as ACCA does, the active employment of force against another person. And they are not the stuff of armed career criminals. The judgment below is therefore reversed, and the case is remanded for further proceedings consistent with this opinion.
Kagan authored a majority opinion in this case that upheld the delegation of power to the attorney general under the Sex Offender Registration and Notification. Kagan was joined in the majority by Justices Ginsburg, Breyer, and Sotomayor. Justice Alito wrote a concurring opinion. Kagan authored a majority opinion in this case ruling that the Eighth Amendment may prohibit executing a prison who suffers from demetia or another disorder rather than psychotic delusions.
Kagan wrote: [33]. On June 22, , the court issued its opinion in Kimble v. Marvel Entertainment. In , Kimble and Marvel settled out of court with Marvel agreeing to purchase the patent and pay royalties without an expiration. The lawsuit was subsequently dismissed. Five years later, in , Marvel had a licensing agreement with Hasbro giving Hasbro the right to produce the toy. Kimble sued Marvel, claiming the original patent would be infringed if royalties weren't paid.
A federal district court, acting on the determination of a federal magistrate judge , awarded summary judgment Refers to a judgment granted on a claim about which there is no genuine issue of fact and to which the party moving for judgment prevails as a matter of law.
Supreme Court's Brulotte rule. The rule was developed in the court's opinion in Brulotte v. Thys Co. In Brulotte, the court "ruled that, when patents are sold in return for a royalty payment, the purchaser was not obligated to continue these payments beyond the expiration date of the patents because doing so would over-compensate the seller of the patent and improperly extend the patent monopoly beyond the intended time limit. Writing for a six-justice majority, Kagan held that the Brulotte rule should be upheld "because no subsequent legal developments have made the rule announced in that decision obsolete and it has remained workable, there is no reason to overturn the decision.
The court also noted that Congress had ample opportunity to enact a statute that forecloses the Brulotte rule but has not done so. On June 25, , the U. McGhee, No. Schwab v. Reilly, No. United States DOI v. Kucana v. Bowman v. Migliaccio v. Castaneda, Nos.
Cundiff v. Alabama v. North Carolina, No. Barry v. Pirant v. USPS, No. Perdue v. Kenny A. Eman v. Marquardt v. Sebelius, No. DBC v. PTO, No. Jones v. Harris Assocs.
Stoyanov v. Mabus, No. Reed Elsevier, Inc. Muchnick, No. Level 3 Communs. City of St. Louis, Nos. Coeur Alaska, Inc. Southeast Alaska Conservation Council, Nos. Alvarez v. Smith, No. McDaniel v. Brown, No. Bilski v. Doll, No. Maryland v. Shatzer, No.
Montejo v. Louisiana, No. Forest Grove Sch. Eisenstein, No. Cuomo v. Clearing House Ass'n, No. Nijhawan v. Free Enterprise Fund v. Public Company Oversight Board, No.
Federal Election Commission, No. Confirmed by the Senate by Yea-Nay Vote. Record Vote Number: February 10, Washington: U. GPO, Serial No. Garre, resigned. March 19, Buckley, retired. December 15, Balkinization External. Elena Kagan Harvard Law School. Elena Kagan Judgepedia. Buckley, retired Congress. Supreme Court- Committee Questionnaire U.
Committee on the Judiciary. Elena Kagan External Twitter. Law Library. How Appealing Law. Legal Blog Watch External Law. Nominations U. Virtual Reference Desk. Garre, resigned Congress. Office of the Solicitor General U. Records Pertaining to Elena Kagan U. National Archives and Records Administration. Government Printing Office. GPO FDsys. Solicitor General - Elena Kagan U. The Volokh Cons External. Wikipedia External Wikipedia. Executive Nomination Hearing U. Elena Kagan External YouTube.
Equal Justice Works. The White House. Thurgood Marshall papers, Call Number: I. Humanitarian Law Project Nos. Comstock No. Public Co. Accounting Oversight Bd. Bruno No. Federal Election Commission No. Partial-Birth Abortion Bill Memo.
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