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2010 term United States Supreme Court opinions of Antonin Scalia

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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
401



Ransom v. FIA Card Services, N. A. • [full text] 562 U.S. 61 (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.
202



NASA v. Nelson 562 U.S. 134 (2011)

background check of prospective federal employees  • informational privacy  • Privacy Act of 1974 Thomas
Alito
Thomas
103



Thompson v. North American Stainless, LP 562 U.S. 170 (2011)

Title VII  • employer retaliation against third-party Roberts, Kennedy, Thomas, Ginsburg, Breyer, Alito, Sotomayor
Ginsburg
104



Bruesewitz v. Wyeth LLC 562 U.S. 223 (2011)

National Childhood Vaccine Injury Act of 1986  • state law design defect claims  • federal preemption Roberts, Kennedy, Thomas, Breyer, Alito
Breyer
Sotomayor
405



Michigan v. Bryant 562 U.S. 344 (2011)

Sixth Amendment  • Confrontation Clause  • hearsay exception for statements to help police address ongoing emergency
Sotomayor
Thomas
Ginsburg
106



Staub v. Proctor Hospital 562 U.S. 411 (2011)

Uniformed Services Employment and Reemployment Rights Act of 1994  • influence of prior discrimination on subsequent decisionmaker Roberts, Kennedy, Ginsburg, Breyer, Sotomayor
Alito
207



Wall v. Kholi 562 U.S. 545 (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
408



Allen v. Lawhorn • [full text] 562 U.S. 1118 (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."
409



Kasten v. Saint-Gobain Performance Plastics Corp. 563 U.S. 1 (2011)

Fair Labor Standards Act of 1938  • antiretaliation provision  • oral intracompany complaints Thomas (in part)
Breyer
210



Connick v. Thompson 563 U.S. 51 (2011)

single violation as basis for Section 1983 claim  • failure to make Brady disclosure  • failure to train prosecutors Alito
Thomas
Ginsburg
211



Arizona Christian School Tuition Organization v. Winn 563 U.S. 125 (2011)

First Amendment  • Establishment Clause  • taxpayer standing Thomas
Kennedy
Kagan
112



Virginia Office for Protection and Advocacy v. Stewart 563 U.S. 247 (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
113



AT&T Mobility LLC v. Concepcion 563 U.S. 333 (2011)

Federal Arbitration Act  • federal preemption  • class actions Roberts, Kennedy, Thomas, Alito
Thomas
Breyer
414



Montana v. Wyoming 563 U.S. 368 (2011)

Yellowstone River Compact  • water law  • change in irrigation methods reducing downstream flow  • doctrine of appropriation  • doctrine of recapture
Thomas
215



CIGNA Corp. v. Amara 563 U.S. 421 (2011)

ERISA  • failure to provide proper notice of plan changes  • court authority to reform plan as equitable relief Thomas
Breyer
116



General Dynamics Corp. v. United States 563 U.S. 478 (2011)

state secrets privilege  • superior knowledge doctrine  • remedy for dismissal of military contractor's affirmative defense Unanimous
417



Brown v. Plata 563 U.S. 493 (2011)

Prison Litigation Reform Act of 1995  • Eighth Amendment  • prison overcrowding Thomas
Kennedy
Alito
218



United States v. Tinklenberg 563 U.S. 647 (2011)

Speedy Trial Act of 1974  • effect of pretrial motions on delay Roberts, Thomas
Breyer
219



Fowler v. United States 563 U.S. 668 (2011)

federal witness tampering crime  • likelihood victim was intending to communicate with federal officer
Breyer
Alito
220



Camreta v. Greene 563 U.S. 692 (2011)

Article III  • Case or Controversy Clause  • standing  • review of constitutional issue on appeal from defendant with qualified immunity  • mootness
Kagan
Sotomayor
Kennedy
121



Ashcroft v. al-Kidd 563 U.S. 731 (2011)

material witness arrest of terrorism suspects  • pretextual motivation  • Fourth Amendment  • qualified immunity Roberts, Kennedy, Thomas, Alito
Kennedy
Ginsburg
Sotomayor
422



Sykes v. United States 564 U.S. 1 (2011)

Armed Career Criminal Act  • felony vehicle flight as predicate offense under residual clause  • void for vagueness
Kennedy
Thomas
Kagan
223



Talk America, Inc. v. Michigan Bell Telephone Co. 564 U.S. 50 (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
224



DePierre v. United States 564 U.S. 70 (2011)

Anti-Drug Abuse Act of 1986  • sentence enhancement for "cocaine base"  • reliance on legislative history
Sotomayor
125



Nevada Comm'n on Ethics v. Carrigan 564 U.S. 117 (2011)

vote recusal of state legislator with conflict of interest  • First Amendment  • overbreadth doctrine Roberts, Kennedy, Thomas, Ginsburg, Breyer, Sotomayor, Kagan
Kennedy
Alito
126



Wal-Mart Stores, Inc. v. Dukes 564 U.S. 338 (2011)

Title VII  • class certification Roberts, Kennedy, Thomas, Alito; Ginsburg, Breyer, Sotomayor, Kagan (in part)
Ginsburg
327



Borough of Duryea v. Guarnieri 564 U.S. 379 (2011)

employer retaliation  • First Amendment  • public employee speech  • Petition Clause
Kennedy
Thomas
228



Stern v. Marshall 564 U.S. 462 (2011)

Article III  • bankruptcy court authority to decide state law counterclaim
Roberts
Breyer
129



Brown v. Entertainment Merchants Assn. 564 U.S. 786 (2011)

First Amendment  • freedom of speech  • restriction on sale of violent video games to minors Kennedy, Ginsburg, Sotomayor, Kagan
Alito
Thomas
Breyer
430



Derby v. United States 564 U.S. 1047 (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.
431



Beer v. United States 564 U.S. 1050 (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

  • "2010 Term Opinions of the Court". Supreme Court of the United States. Retrieved October 2, 2011.
  • "2010 Term Opinions Relating to Orders". Supreme Court of the United States. Retrieved October 2, 2011.
  • "2010 Term In-Chambers Opinions". Supreme Court of the United States. Retrieved October 2, 2011.