2003 term United States Supreme Court opinions of Antonin Scalia

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The 2003 term of the Supreme Court of the United States began October 6, 2003 and concluded October 3, 2004. This was the eighteenth term of Associate Justice Antonin Scalia's tenure on the Court. Antonin Scalia, SCOTUS photo portrait.jpg
Antonin Scalia 2003 term statistics
9
Majority or Plurality
10
Concurrence
1
Other
12
Dissent
2
Concurrence/dissent Total = 34
Bench opinions = 30 Opinions relating to orders = 4 In-chambers opinions = 0
Unanimous opinions: 2 Most joined by: Thomas (14) Least joined by: Souter (4)
Type Case Citation Issues Joined by Other opinions
1-01



Barnhart v. Thomas 540 U.S. 20 (2003)

Unanimous
3-02



McConnell v. Federal Election Commission 540 U.S. 93 (2003)

U.S. Const. amend. I  • campaign finance reform
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Stevens and O'Connor
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Rehnquist
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Breyer
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Kennedy
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Thomas
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Rehnquist
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Stevens
2-03



Castro v. United States 540 U.S. 375 (2003)

Thomas
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Breyer
1-04



Verizon Communications Inc. v. Law Offices of Curtis V. Trinko LLP 540 U.S. 398 (2004)

Antitrust  • telecommunications Rehnquist, O'Connor, Kennedy, Ginsburg, Breyer
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Stevens
Scalia's 6-justice majority ruled that the allegation that an incumbent LEC had breached its duty under the Telecommunications Act of 1996 to share its network with competitors failed to state a claim under § 2 of the Sherman Act.
4-05



General Dynamics Land Systems, Inc. v. Cline 540 U.S. 581 (2004)

Employment discrimination
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Souter
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Thomas
Scalia dissented from Souter's 6-3 judgment that the EEOC had incorrectly interpreted the ADEA as prohibiting employers from favoring older over younger workers. Scalia would defer to the EEOC, whose regulation he believed was a reasonable interpretation of a statute that did not unambiguously require a different interpretation.
4-06



Olympic Airways v. Husain 540 U.S. 644 (2004)

Warsaw Convention O'Connor (in part)
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Thomas
Scalia dissented from Thomas' 6-2 decision, which he criticized for failing to give any serious consideration to how courts of the partners of the U.S. in the Warsaw Convention had resolved the same legal issues
4-07



Locke v. Davey 540 U.S. 712 (2004)

Establishment Clause  • state funding of religious education Thomas
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Rehnquist
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Thomas
Scalia dissented from Rehnquist's 7-2 decision. Scalia believed that Washington's scholarship program facially discriminated against religion by excluding only theology from the applicable subjects of study, "no less than if it had imposed a special tax." Scalia believed the plaintiff student was not asking for a "special benefit," but instead sought "only equal treatment."
4-08



Concrete Works of Colorado, Inc. v. City and County of Denver 540 U.S. 1027 (2003)

Rehnquist
Scalia dissented from the denial of certiorari.
2-09



Raymond B. Yates, M.D., P.C. Profit Sharing Plan v. Hendon 541 U.S. 1 (2004)

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Ginsburg
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Thomas
Scalia believed that the Court "use[d] a sledgehammer to kill a gnat...The Department [of Revenue]'s interpretive conclusion is certainly reasonable (the Court's lengthy analysis says that it is inevitable); it is therefore binding upon us. I would reverse the judgment of the Sixth Circuit on that basis. The Court's approach, which denies many agency interpretations their conclusive effect and thrusts the courts into authoritative judicial interpretation, deprives administrative agencies of two of their principal virtues: (1) the power to resolve statutory questions promptly, and with nationwide effect, and (2) the power (within the reasonable bounds of the text) to change the application of ambiguous laws as time and experience dictate. The Court's approach invites lengthy litigation in all the circuits--the product of which (when finally announced by this Court) is a rule of law that only Congress can change."
1-10



Crawford v. Washington 541 U.S. 36 (2004)

U.S. Const. amend. VI  • Confrontation Clause Stevens, Kennedy, Souter, Thomas, Ginsburg, Breyer
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Rehnquist
The Court ruled that the use in court of out-of-court statements made to police in an investigative capacity violated the Sixth Amendment right to confront accusing witnesses.
5-11



Cheney v. United States District Court 540 U.S. 913 (2004)

Recusal
Scalia declined to recuse himself from a case involving Vice-President Cheney, who had recently provided Scalia with a plane ride to a duck-hunting trip. Scalia remarked that "[i]f it is reasonable to think that a Supreme Court Justice can be bought so cheap, the Nation is in deeper trouble than I had imagined." He also did not believe his friendship with the Vice-President demanded recusal, because Cheney's "personal fortune or personal freedom were not at issue," only his official actions in a "run-of-the-mill legal dispute about an administrative decision."
3-12



S. Fla. Water Mgmt. Dist. v. Miccosukee Tribe of Indians 541 U.S. 95 (2004)

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O'Connor
Scalia also joined the majority's decision in part.
2-13



Nixon v. Missouri Municipal League 541 U.S. 125 (2004)

Thomas
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Souter
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Stevens
1-14



Engine Mfrs. Ass'n v. S. Coast Air Quality Mgmt. Dist. 541 U.S. 246 (2004)

Rehnquist, Stevens, O'Connor, Kennedy, Thomas, Ginsburg, Breyer
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Souter
1-15



Vieth v. Jubelirer 541 U.S. 267 (2004)

Rehnquist, O'Connor, Thomas
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Kennedy
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Stevens
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Souter
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Breyer
4-16



Till v. SCS Credit Corp. 541 U.S. 465 (2004)

Rehnquist, O'Connor, Kennedy
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Stevens
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Thomas
4-17



Tennessee v. Lane 541 U.S. 509 (2004)

Sovereign immunity  • U.S. Const. amend. XI  • Americans with Disabilities Act
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Stevens
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Souter
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Ginsburg
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Rehnquist
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Thomas
1-18



Grupo Dataflux v. Atlas Global Group, L.P. 541 U.S. 567 (2004)

Rehnquist, O'Connor, Kennedy, Thomas
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Ginsburg
2-19



Thornton v. United States 541 U.S. 615 (2004)

Ginsburg
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Rehnquist
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O'Connor
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Stevens
2-20



Republic of Austria v. Altmann 541 U.S. 677 (2004)

Foreign Sovereign Immunities Act
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Stevens
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Breyer
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Kennedy
Scalia also joined Stevens' 6-3 majority opinion.
2-21



City of Littleton v. Z. J. Gifts D-4, L.L.C. 541 U.S. 774 (2004)

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Breyer
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Stevens
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Souter
4-22



Bunting v. Mellen 541 U.S. 1019 (2004)

U.S. Const. amend. I  • Establishment Clause Rehnquist
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Stevens
Scalia dissented from the denial of certiorari.
2-23



F. Hoffmann-La Roche Ltd v. Empagran S. A. 542 U.S. 155 (2004)

Thomas
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Breyer
2-24



United States v. Dominguez Benitez 542 U.S. 74 (2004)

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Souter
1-25



Norton v. S. Utah Wilderness Alliance 542 U.S. 55 (2004)

Unanimous
2-26



Intel Corp. v. Advanced Micro Devices, Inc. 542 U.S. 241 (2004)

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Ginsburg
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Breyer
1-27



Blakely v. Washington 542 U.S. 296 (2004)

U.S. Const. amend. VI  • right to jury trial Stevens, Souter, Thomas, Ginsburg
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O'Connor
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Kennedy
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Breyer
Scalia wrote for five justices invalidating criminal sentencing system in which judges were the finders of fact for aggravating factors. O'Connor, Kennedy, and Breyer filed dissents.
1-28



Schriro v. Summerlin 542 U.S. 348 (2004)

Rehnquist, O'Connor, Kennedy, Thomas
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Breyer
4-29



Tennard v. Dretke 542 U.S. 274 (2004)

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O'Connor
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Rehnquist
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Thomas
4-30



Rasul v. Bush 542 U.S. 466 (2004)

Rehnquist, Thomas
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Stevens
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Kennedy
4-31



Hamdi v. Rumsfeld 542 U.S. 507 (2004)

U.S. Const. amend. V  • habeas corpus Stevens
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O'Connor
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Souter
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Thomas
Scalia wrote that if habeas corpus has not been suspended by Congress, U.S. citizens must be tried in ordinary criminal courts. He believed the plurality was misguided in attempting to fashion alternative procedures that might comply with due process, because the role of the Court was simply to declare that the procedures at issue were unconstitutional.
4-32



Ashcroft v. American Civil Liberties Union 542 U.S. 656 (2004)

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Kennedy
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Stevens
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Breyer
2-33



Sosa v. Alvarez-Machain 542 U.S. 692 (2004)

Rehnquist, Thomas
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Souter
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Ginsburg
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Breyer
Scalia concurred in part and concurred in the judgment.
4-34



Cox v. Larios 542 U.S. 947 (2004)

Legislative redistricting
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Stevens
Scalia dissented from the Court's summary affirmance.

References