2005 term United States Supreme Court opinions of Clarence Thomas

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The table below lists all opinions filed by Associate Justice Clarence Thomas 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 fifteenth term of Thomas' tenure on the Court. Clarence Thomas official SCOTUS portrait.jpg
Clarence Thomas 2005 term statistics
Majority or Plurality
Concurrence/dissent Total = 20
Bench opinions = 19 Opinions relating to orders = 1 In-chambers opinions = 0
Unanimous decisions: 3 Most joined by: Scalia (12) Least joined by: O'Connor (2)[1]
Case Issue Joined by

Wagnon v. Prairie Band Potawatomi Nation
546 U.S. 95 (2005)
Roberts, Stevens, O'Connor, Scalia, Souter, Breyer
Ginsburg filed a dissent.

Gonzales v. Oregon
546 U.S. 243 (2006)
Scalia filed the other dissent.

Central Virginia Community College v. Katz
546 U.S. 356 (2006)
Roberts, Scalia, Kennedy

Unitherm Food Systems, Inc. v. Swift-Eckrich, Inc.
546 U.S. 394 (2006)
Roberts, O'Connor, Scalia, Souter, Ginsburg, Breyer
Stevens filed a dissent.

Buckeye Check Cashing, Inc. v. Cardegna
546 U.S. 440 (2006)
Whether illegality of contract under state law precludes arbitration clause
Reiterated earlier belief that the Federal Arbitration Act does not preclude state law. Thomas was the sole dissenter from Scalia's 7-1 opinion.

Dolan v. United States Postal Service
546 U.S. 481(2006)
Statutory immunity of USPS from suit
Thomas dissented from Kennedy's 7-1 opinion.

Texaco, Inc. v. Dagher
547 U.S. 1 (2006)
Antitrust: applicability to joint ventures Unanimous

Georgia v. Randolph
547 U.S. 103 (2006)
Thomas filed one of three dissents.

Northern Ins. Co. of N.Y. v. Chatham County
547 U.S. 189 (2006)
U.S. Const. amend. XI: Sovereign immunity of counties Unanimous

Jones v. Flowers
547 U.S. 220 (2006)
Due process: U.S. Const. amend. XIV: notice requirements to property owner prior to tax sale Scalia, Kennedy
Thomas dissented from Roberts' decision.

eBay Inc. v. MercExchange, L.L.C.
547 U.S. 388 (2006)
Patent Unanimous

Anza v. Ideal Steel Supply Corp.
547 U.S. 451 (2006)
Thomas joined the majority in part, and filed a separate opinion concurring in part and dissenting in part.

Davis v. Washington
547 U.S. 813 (2006)
Thomas filed an opinion concurring in the judgment in part and dissenting in part from Scalia's otherwise unanimous opinion.

Samson v. California
547 U.S. 843 (2006)
Roberts, Scalia, Kennedy, Ginsburg, Alito
Stevens filed a dissent.

Rangel-Reyes v. United States
547 U.S. 1200 (2006)
Rights of the accused: U.S. Const. amend. VI: right to a jury trial
Thomas dissented from the denial of certiorari, which he thought should be granted so the Court could rule that the fact of a prior conviction, when an element of a crime, should be decided by a jury. Thomas believed this exception to the Apprendi rule was not found within the Constitution itself, but only derived from prior precedent that a majority of the Court no longer supported. "The Court’s duty to resolve this matter is particularly compelling, because we are the only court authorized to do so. And until we do so, countless criminal defendants will be denied the full protection afforded by the Fifth and Sixth Amendments, notwithstanding the agreement of a majority of the Court that this result is unconstitutional. There is no good reason to allow such a state of affairs to persist."

Kansas v. Marsh
548 U.S. 163 (2006)
Death penalty Roberts, Scalia, Kennedy, Alito
Stevens and Souter filed dissents.

Washington v. Recuenco
548 U.S. 212 (2006)
Roberts, Scalia, Souter, Breyer, Alito

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

Beard v. Banks
548 U.S. 521 (2006)

Hamdan v. Rumsfeld
548 U.S. 557 (2006)
Habeas corpus; presidential authority to try prisoners in military commissions Scalia; Alito (in part)
Thomas filed one of three dissents.


  1. ^ Justice O'Connor retired January 31, 2006; of the justices who participated in the entire term, Justice Stevens joined the fewest opinions by Thomas, with four.