Case
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Issue
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Joined by
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Death penalty
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Thomas
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Scalia joined the majority, and filed a short concurrence to state that he continued to believe that limits on a jury's consideration of mitigating evidence in capital sentencing did not violate the Eighth Amendment. However, because Kennedy's majority opinion conformed to Court precedent, he was content to join that opinion in full.
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Rights of the accused
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Scalia was the sole dissenter from Stevens' 8-1 opinion, which held that an indictment for criminal attempt to illegally enter the United States did not need to expressly state the alleged overt act committed in furtherance of the attempted crime.
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Article III standing; patent; declaratory judgments
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Roberts, Stevens, Kennedy, Souter, Ginsburg, Breyer, Alito
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Thomas filed a dissent.
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Thomas
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Roberts, Kennedy, Thomas, Alito
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Roberts, Kennedy, Souter, Thomas, Alito
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Standing; Clean Air Act
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Roberts, Thomas, Alito
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United States v. Omer 549 U.S. 1174 (2007)
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Rights of the accused
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Scalia filed a statement respecting the Court's denial of certiorari, commenting on the reliance by the Solicitor General's supplemental brief on United States v. Resendiz-Ponce, 549 U.S. 102 (2007) to argue that the omission of a necessary element from an indictment of fraud was not constitutionally deficient. Scalia stated that he did not support denial on that basis, but that Resendiz-Ponce could apply "depending upon how the crime of fraud fares in our new some-crimes-are-self-defining jurisprudence. Another frontier of law opened by this Court, full of opportunity and adventure for lawyers and judges."
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Roberts, Thomas; Souter (in part)
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Stevens, Ginsburg
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Thomas; Alito (in part)
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Thomas; Alito (in part)
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Roberts, Kennedy, Souter, Thomas, Ginsburg, Breyer, Alito
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Thomas
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Thomas, Alito
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Unanimous
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Roberts, Kennedy, Thomas, Alito; Stevens, Souter, Ginsburg, Breyer (in part)
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Stevens, Kennedy, Souter, Thomas, Ginsburg; Roberts, Breyer, Alito (in part)
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Roberts, Kennedy, Souter, Thomas, Ginsburg, Alito
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Thomas
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Kennedy, Thomas
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