2010 term United States Supreme Court opinions of Samuel Alito

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The table below lists all opinions filed by Associate Justice Samuel Alito 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 sixth term of Alito's tenure on the Court. Justice Alito official.jpg
Samuel Alito 2010 term statistics
7
Majority or Plurality
6
Concurrence
1
Other
6
Dissent
1
Concurrence/dissent Total = 21
Bench opinions = 18 Opinions relating to orders = 3 In-chambers opinions = 0
Unanimous decisions: 0 Most joined by: Roberts (12) Least joined by: Kagan (4)
Type Case Citation Issues Joined by Other opinions
4-01


Wong v. Smith • [full text] 562 U.S. ___ (2010)

judicial commenting on evidence  • judicial coercion of a jury verdict Roberts, Scalia
Alito filed a dissent from the Court's denial of certiorari, where the lower court had granted habeas relief on the grounds that a judge's comments to a deadlocked jury about the evidence coerced them into returning a guilty verdict. Alito observed that the privilege of common law judges to comment on the evidence was centuries old, and no Supreme Court precedent had yet ruled on whether or when the exercise of that privilege constituted coercion. In Alito's view, therefore, the lower court's judgment was contrary to the requirement under the Antiterrorism and Effective Death Penalty Act that a state court judgment must be contrary to clearly established law in order to be set aside by a federal habeas court.
4-02


Harper v. Maverick Recording Co. • [full text] 562 U.S. ___ (2010)

copyright infringement  • statutory damages  • innocent infringer defense  • music downloading
Alito filed a dissent from the Court's denial of certiorari, in a case involving a 16-year old girl sued for illegally downloading music from the internet. The lower court had ruled the girl was ineligible for the "innocent infringer" defense, which would have reduced the statutory damages available, because it was foreclosed by 17 U.S.C. § 402(d), which applies when the defendant had access to a "phonorecord" bearing a copyright notice. Alito noted that the statutory definition of "phonorecord" only applied to material objects, and so there was a "strong argument" that §402(d) did not apply to downloaded digital music files. Though there was not yet a circuit split on the issue, Alito believed certiorari was appropriate because the issue was important and unlikely to be presented to the courts of appeals in many cases.
1-03


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

informational privacy Roberts, Kennedy, Ginsburg, Breyer, Sotomayor
2-04


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

Thomas
1-05


Henderson v. Shinseki 562 U.S. ___ (2011)

Roberts, Scalia, Kennedy, Thomas, Ginsburg, Breyer, Sotomayor
4-06


Snyder v. Phelps 562 U.S. ___ (2011)

First Amendment  • free speech  • intentional infliction of emotional distress
3-07


Pepper v. United States 562 U.S. ___ (2011)

United States Federal Sentencing Guidelines
1-08


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

Roberts, Kennedy, Thomas, Ginsburg, Breyer, Sotomayor, Kagan; Scalia (in part)
2-09


Milner v. Department of Navy 562 U.S. ___ (2011)

5-10


Huber v. New Jersey Dept. of Environmental Protection 562 U.S. ___ (2011)

Fourth Amendment  • warrantless searches  • wetlands protection Roberts, Scalia, Thomas
Alito filed a statement respecting the Court's denial of certiorari.
2-11


Cullen v. Pinholster 563 U.S. ___ (2011)

1-12


Kentucky v. King 563 U.S. ___ (2011)

Roberts, Scalia, Kennedy, Thomas, Breyer, Sotomayor, Kagan
4-13


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

Roberts
4-14


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

Ginsburg
1-15


Global-Tech Appliances, Inc. v. SEB S. A. 563 U.S. ___ (2011)

Roberts, Scalia, Thomas, Ginsburg, Breyer, Sotomayor, Kagan
2-16


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

1-17


United States v. Jicarilla Apache Nation 564 U.S. ___ (2011)

Roberts, Scalia, Kennedy, Thomas
1-18


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

Roberts, Scalia, Kennedy, Thomas, Kagan
4-19


J. D. B. v. North Carolina 564 U.S. ___ (2011)

Roberts, Scalia, Thomas
2-20


American Elec. Power Co. v. Connecticut 564 U.S. ___ (2011)

Thomas
2-21


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

Roberts

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