2010 term United States Supreme Court opinions of Antonin Scalia

The 2010 term of the Supreme Court of the United States began October 4, 2010 and concluded October 1, 2011. This was the twenty-fifth term of Associate Justice Antonin Scalia's tenure on the Court.
Antonin Scalia 2010 term statistics
10
Majority or Plurality
11
Concurrence
0
Other
9
Dissent
1
Concurrence/dissent Total = 31
Bench opinions = 28 Opinions relating to orders = 3 In-chambers opinions = 0
Unanimous opinions: 1 Most joined by: Thomas (15) Least joined by: Kagan (4)
Type Case Citation Issues Joined by Other opinions
4-01



Allen v. Lawhorn  [full text] 562 U.S. ___ (2010)

Antiterrorism and Effective Death Penalty Act   Sixth Amendment   ineffective assistance of counsel Thomas, Alito
Scalia dissented from the Court's denial of certiorari, where the Eleventh Circuit had set aside a death sentence because the defense attorney did not give a closing argument at sentencing. Scalia believed the Eleventh Circuit failed to properly find that the omission of a closing argument was prejudicial and failed to comply with AEDPA by giving the necessary deference to the state court's judgment. In conclusion, Scalia wrote that "I would not dissent from denial of certiorari if what happened here were an isolated judicial error. It is not. With distressing frequency, especially in capital cases such as this, federal judges refuse to be governed by Congress's command [under AEDPA]...We invite continued lawlessness when we permit a patently improper interference with state justice such as that which occurred in this case to stand."
4-02



Ransom v. FIA Card Services, N. A.  [full text] 562 U.S. ___ (2011)

Chapter 13   Bankruptcy Abuse Prevention and Consumer Protection Act of 2005   means test
Kagan
Scalia dissented from the Court's opinion holding that a car ownership cost income exemption for Chapter 13 debtors was only available to car owners who made lease or loan payments. The relevant bankruptcy provision incorporated certain cost tables prepared by the IRS as part of the Chapter 13 means test for determining how much income debtors had available to repay creditors. Scalia believed that the statutory phrase "applicable monthly expense amounts" simply directed courts, in this instance, to look at the table column corresponding to how many cars the debtor owned, not to examine whether the debtor actually had real costs of that kind. He also disagreed with the Court's use, in aid of its interpretation, of IRS materials that were supplemental to the tables because the bankruptcy statutes did not incorporate or reference those materials in any way.
2-03



NASA v. Nelson 562 U.S. ___ (2011)

background check of prospective federal employees   informational privacy   Privacy Act of 1974 Thomas
Alito
Thomas
1-04



Thompson v. North American Stainless, LP 562 U.S. ___ (2011)

Title VII   employer retaliation against third-party Roberts, Kennedy, Thomas, Ginsburg, Breyer, Alito, Sotomayor
Ginsburg
1-05



Bruesewitz v. Wyeth LLC 562 U.S. ___ (2011)

National Childhood Vaccine Injury Act of 1986   state law design defect claims   federal preemption Roberts, Kennedy, Thomas, Breyer, Alito
Breyer
Sotomayor
4-06



Michigan v. Bryant 562 U.S. ___ (2011)

Sixth Amendment   Confrontation Clause   hearsay exception for statements to help police address ongoing emergency
Sotomayor
Thomas
Ginsburg
1-07



Staub v. Proctor Hospital 562 U.S. ___ (2011)

Uniformed Services Employment and Reemployment Rights Act of 1994   influence of prior discrimination on subsequent decisionmaker Roberts, Kennedy, Ginsburg, Breyer, Sotomayor
Alito
2-08



Wall v. Kholi 562 U.S. ___ (2011)

Antiterrorism and Effective Death Penalty Act of 1996   tolling of habeas corpus statute of limitations   motion to reduce sentence as application for collateral review
Alito
4-09



Kasten v. Saint-Gobain Performance Plastics Corp. 562 U.S. ___ (2011)

Fair Labor Standards Act of 1938   antiretaliation provision   oral intracompany complaints Thomas (in part)
Breyer
2-10



Connick v. Thompson 563 U.S. ___ (2011)

single violation as basis for Section 1983 claim   failure to make Brady disclosure   failure to train prosecutors Alito
Thomas
Ginsburg
2-11



Arizona Christian School Tuition Organization v. Winn 563 U.S. ___ (2011)

First Amendment   Establishment Clause   taxpayer standing Thomas
Kennedy
Kagan
1-12



Virginia Office for Protection and Advocacy v. Stewart 563 U.S. ___ (2011)

Eleventh Amendment   sovereign immunity   federal action by state agency against state officials for federal law violation   Supremacy Clause   Developmental Disabilities Assistance and Bill of Rights Act of 2000   Protection and Advocacy for Individuals with Mental Illness Act Kennedy, Thomas, Ginsburg, Breyer, Sotomayor
Kennedy
Roberts
1-13



AT&T Mobility LLC v. Concepcion 563 U.S. ___ (2011)

Federal Arbitration Act   federal preemption   class actions Roberts, Kennedy, Thomas, Alito
Thomas
Breyer
4-14



Montana v. Wyoming 563 U.S. ___ (2011)

Yellowstone River Compact   water law   change in irrigation methods reducing downstream flow   doctrine of appropriation   doctrine of recapture
Thomas
2-15



CIGNA Corp. v. Amara 563 U.S. ___ (2011)

ERISA   failure to provide proper notice of plan changes   court authority to reform plan as equitable relief Thomas
Breyer
1-16



General Dynamics Corp. v. United States 563 U.S. ___ (2011)

state secrets privilege   superior knowledge doctrine   remedy for dismissal of military contractor's affirmative defense Unanimous
4-17



Brown v. Plata 563 U.S. ___ (2011)

Prison Litigation Reform Act of 1995   Eighth Amendment   prison overcrowding Thomas
Kennedy
Alito
2-18



United States v. Tinklenberg 563 U.S. ___ (2011)

Speedy Trial Act of 1974   effect of pretrial motions on delay Roberts, Thomas
Breyer
2-19



Fowler v. United States 563 U.S. ___ (2011)

federal witness tampering crime   likelihood victim was intending to communicate with federal officer
Breyer
Alito
2-20



Camreta v. Greene 563 U.S. ___ (2011)

Article III   Case or Controversy Clause   standing   review of constitutional issue on appeal from defendant with qualified immunity   mootness
Kagan
Sotomayor
Kennedy
1-21



Ashcroft v. al-Kidd 563 U.S. ___ (2011)

material witness arrest of terrorism suspects   pretextual motivation   Fourth Amendment   qualified immunity Roberts, Kennedy, Thomas, Alito
Kennedy
Ginsburg
Sotomayor
4-22



Sykes v. United States 564 U.S. ___ (2011)

Armed Career Criminal Act   felony vehicle flight as predicate offense under residual clause   void for vagueness
Kennedy
Thomas
Kagan
2-23



Talk America, Inc. v. Michigan Bell Telephone Co. 564 U.S. ___ (2011)

Telecommunications Act of 1996   incumbent local exchange carrier interconnection duty   entrance facility as part of network   deference to agency interpretation of agency rule
Thomas
2-24



DePierre v. United States 564 U.S. ___ (2011)

Anti-Drug Abuse Act of 1986   sentence enhancement for "cocaine base"   reliance on legislative history
Sotomayor
1-25



Nevada Comm'n on Ethics v. Carrigan 564 U.S. ___ (2011)

vote recusal of state legislator with conflict of interest   First Amendment   overbreadth doctrine Roberts, Kennedy, Thomas, Ginsburg, Breyer, Sotomayor, Kagan
Kennedy
Alito
1-26



Wal-Mart Stores, Inc. v. Dukes 564 U.S. ___ (2011)

Title VII   class certification Roberts, Kennedy, Thomas, Alito; Ginsburg, Breyer, Sotomayor, Kagan (in part)
Ginsburg
3-27



Borough of Duryea v. Guarnieri 564 U.S. ___ (2011)

employer retaliation   First Amendment   public employee speech   Petition Clause
Kennedy
Thomas
2-28



Stern v. Marshall 564 U.S. ___ (2011)

Article III   bankruptcy court authority to decide state law counterclaim
Roberts
Breyer
1-29



Brown v. Entertainment Merchants Assn. 564 U.S. ___ (2011)

First Amendment   freedom of speech   restriction on sale of violent video games to minors Kennedy, Ginsburg, Sotomayor, Kagan
Alito
Thomas
Breyer
4-30



Derby v. United States 564 U.S. ___ (2011)

Armed Career Criminal Act
Scalia dissented from the Court's denial of certiorari in four cases involving the "residual provision" of the Armed Career Criminal Act.
4-31



Beer v. United States 564 U.S. ___ (2011)

Scalia dissented from the Court's grant of certiorari, vacatur of the lower court's judgment, and remand. Scalia noted that he would grant cert. and instead set the case for argument.

References

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