2005 term United States Supreme Court opinions of Anthony Kennedy

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The table below lists all opinions filed by Associate Justice Anthony Kennedy during the 2005 term of the Supreme Court of the United States, which lasted from October 3, 2005 until October 1, 2006. This was the nineteenth term of Kennedy’s tenure on the Court. Anthony Kennedy (2009, cropped).jpg
Anthony Kennedy 2005 term statistics
Majority or Plurality
Concurrence/dissent Total = 20
Bench opinions = 18 Opinions relating to orders = 1 In-chambers opinions = 1
Unanimous decisions: 2 Most joined by: Stevens, Souter (10) Least joined by: O'Connor (2)[1]
Case Issue Joined by

Gonzales v. Oregon
546 U.S. 243 (2006)
Controlled Substances Act; state assisted suicide law Stevens, O'Connor, Souter, Ginsburg, Breyer
Scalia and Thomas filed dissents.

Rice v. Collins
546 U.S. 333 (2006)

Dolan v. United States Postal Service
546 U.S. 481 (2006)
USPS immunity from suit Roberts, Stevens, Scalia, Souter, Ginsburg, Breyer
Kennedy wrote for the Court in ruling that the immunity that protected the U.S. Postal Service from liability for mishandling of mail did not apply to injuries caused when someone tripped over negligently deposited mail. Thomas dissented.

eBay Inc. v. MercExchange, L.L.C.
547 U.S. 388 (2006)
Patent: remedies Stevens, Souter, Breyer
Kennedy joined in Thomas' unanimous opinion and filed a separate concurrence.

Garcetti v. Ceballos
547 U.S. 410 (2006)
Roberts, Scalia, Thomas, Alito
Stevens, Souter, and Breyer filed dissents.

Anza v. Ideal Steel Supply Corp.
547 U.S. 451 (2006)
Roberts, Stevens, Scalia, Souter, Ginsburg, Alito; Thomas (in part)
Thomas and Breyer filed opinions concurring in part and dissenting in part.

House v. Bell
547 U.S. 518 (2006)
Stevens, Souter, Ginsburg, Breyer
Roberts filed an opinion concurring in part and dissenting in part.

Hill v. McDonough
547 U.S. 573 (2006)
Death penalty Unanimous
Kennedy wrote for the Court in ruling that a death row prisoner's Eighth Amendment challenge to the method of execution was not a habeas corpus petition, but instead stated a claim under 42 U.S.C. §1983 for violation of the Eighth Amendment's prohibition against cruel and unusual punishment. Accordingly, his claim could not be barred by his previously filed petition for habeas relief.

Hudson v. Michigan
547 U.S. 586 (2006)
Rights of the accused: searches and seizures

Howard Delivery Serv. v. Zurich American Ins. Co.
547 U.S. 651 (2006)
Souter, Alito

Rapanos v. United States
547 U.S. 715 (2006)

Youngblood v. West Virginia
547 U.S. 867 (2006)
Kennedy filed one of two dissents from this per curiam decision.

Padilla v. Hanft
547 U.S. 1062 (2006)
Roberts, Stevens
Kennedy filed an opinion concurring in the Court's denial of certiorari, to explain his vote.

Dixon v. United States
548 U.S. 1 (2006)

Washington v. Recuenco
548 U.S. 212 (2006)

Randall v. Sorrell
548 U.S. 230 (2006)

League of United Latin American Citizens v. Perry
548 U.S. 399 (2006)
Electoral redistricting Roberts, Stevens, Souter, Ginsburg, Breyer, Alito (all only in part)
Roberts, Stevens, Scalia, Souter, and Breyer all filed opinions concurring in part and dissenting in part.

Hamdan v. Rumsfeld
548 U.S. 557 (2006)
Souter, Ginsburg, Breyer (all in part)

Clark v. Arizona
548 U.S. 735 (2006)
Stevens, Ginsburg

San Diegans for Mt. Soledad Nat. War Memorial v. Paulson
548 U.S. 1301 (2006)
Establishment Clause
Kennedy granted the city's motion for a stay pending appeal of an order to remove a monumental Christian cross from city property.


  1. ^ O'Connor retired midterm; of the justices that served for the complete term, Thomas only joined four of Kennedy's opinions.