2010 term United States Supreme Court opinions of Antonin Scalia

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.

NASA v. Nelson

562 U.S. 134 (2011)

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

Thomas

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

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

Michigan v. Bryant

562 U.S. 344 (2011)

Sixth Amendment • Confrontation Clause • hearsay exception for statements to help police address ongoing emergency

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

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

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."

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)

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

Arizona Christian School Tuition Organization v. Winn

563 U.S. 125 (2011)

First Amendment • Establishment Clause • taxpayer standing

Thomas

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

Roberts

AT&T Mobility LLC v. Concepcion

563 U.S. 333 (2011)

Federal Arbitration Act • federal preemption • class actions

Roberts, Kennedy, Thomas, Alito

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

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

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

Brown v. Plata

563 U.S. 493 (2011)

Prison Litigation Reform Act of 1995 • Eighth Amendment • prison overcrowding

Thomas

United States v. Tinklenberg

563 U.S. 647 (2011)

Speedy Trial Act of 1974 • effect of pretrial motions on delay

Roberts, Thomas

Fowler v. United States

563 U.S. 668 (2011)

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

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

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

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

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

DePierre v. United States

564 U.S. 70 (2011)

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

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

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)

Borough of Duryea v. Guarnieri

564 U.S. 379 (2011)

employer retaliation • First Amendment • public employee speech • Petition Clause

Stern v. Marshall

564 U.S. 462 (2011)

Article III • bankruptcy court authority to decide state law counterclaim

Roberts

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