2010 term United States Supreme Court opinions of Antonin Scalia

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The table below lists all opinions filed by Associate Justice Antonin Scalia during the 2010 term of the Supreme Court of the United States, which began October 4, 2010 and concluded October 1, 2011. This was the twenty-fifth term of Scalia's tenure on the Court. Antonin Scalia, SCOTUS photo portrait.jpg
Antonin Scalia 2010 term statistics
10
Majority or Plurality
10
Concurrence
0
Other
9
Dissent
1
Concurrence/dissent Total = 30
Bench opinions = 27 Opinions relating to orders = 3 In-chambers opinions = 0
Unanimous decisions: 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
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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)

informational privacy Thomas
1-04


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

Roberts, Kennedy, Thomas, Ginsburg, Breyer, Alito, Sotomayor
1-05


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

Roberts, Kennedy, Thomas, Breyer, Alito
4-06


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

1-07


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

Roberts, Kennedy, Ginsburg, Breyer, Sotomayor
2-08


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

4-09


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

Thomas (in part)
2-10


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

Alito
2-11


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

First Amendment  • Establishment Clause  • taxpayer standing Thomas
1-12


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

Eleventh Amendment Kennedy, Thomas, Ginsburg, Breyer, Sotomayor
1-13


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

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


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

2-15


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

Thomas
1-16


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

Unanimous
4-17


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

Thomas
2-18


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

Roberts, Thomas
2-19


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

2-20


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

1-21


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

Roberts, Kennedy, Thomas, Alito
4-22


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

2-23


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

2-24


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

1-25


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

Roberts, Kennedy, Thomas, Ginsburg, Breyer, Sotomayor, Kagan
1-26


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

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


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

1-28


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

Kennedy, Ginsburg, Sotomayor, Kagan
4-29


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.
4-30


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.

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