2009 term United States Supreme Court opinions of John Roberts

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The 2009 term of the Supreme Court of the United States began October 5, 2009 and concluded October 3, 2010. This was the fifth term of Chief Justice John Roberts's tenure on the Court. File-Official roberts CJ cropped.jpg
John Roberts 2009 term statistics
8
Majority or Plurality
3
Concurrence
2
Other
4
Dissent
2
Concurrence/dissent Total = 19
Bench opinions = 15 Opinions relating to orders = 2 In-chambers opinions = 2
Unanimous opinions: 0 Most joined by: Scalia (11) Least joined by: Breyer (3)
Type Case Citation Issues Joined by Other opinions
1-01



Beard v. Kindler 558 U.S. 53 (2009)

habeas corpus review  • adequate and independent state ground doctrine  • discretionary state procedural rules Stevens, Scalia, Kennedy, Thomas, Ginsburg, Breyer, Sotomayor
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Kennedy
3-02



South Carolina v. North Carolina 558 U.S. 256 (2010)

state apportionment of the Catawba River waters  • intervention by municipal entity in original action Thomas, Ginsburg, Sotomayor
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Alito
2-03



Citizens United v. Federal Election Comm'n 558 U.S. 310 (2010)

campaign finance reform  • Bipartisan Campaign Reform Act of 2002  • First Amendment  • free speech  • corporate speech Alito
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Kennedy
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Scalia
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Stevens
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Thomas
4-04



Virginia v. Harris 558 U.S. 978 (2009)

Fourth Amendment  • investigative stops  • drunk driving Scalia
Roberts dissented from the Court's denial of certioriari. The Virginia Supreme Court had ruled that a police officer violated the Fourth Amendment when he stopped a driver reported to be drunk and driving dangerously, because the officer did not first independently verify that he was driving dangerously. Roberts questioned the wisdom of this rule given the imminent danger posed by drunk driving, characterizing the effect of the decision as "to grant drunk drivers 'one free swerve' before they can be pulled over by the police." Roberts noted that lower courts had split on the issue of when and whether the Fourth Amendment required independent verification. "Maybe the decision of the Virginia Supreme Court was correct," he wrote, "and the Fourth Amendment bars police from acting on anonymous tips of drunk driving unless they can verify each tip. If so, then the dangerous consequences of this rule are unavoidable. But the police should have every legitimate tool at their disposal for getting drunk drivers off the road. I would grant certioriari to determine if this is one of them."
1-05



Hemi Group, LLC v. City of New York 559 U.S. 1 (2010)

Racketeer Influenced and Corrupt Organizations Act  • Jenkins Act  • local taxation of online cigarette sales  • lost tax revenue as injury to municipality Scalia, Thomas, Alito; Ginsburg (in part)
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Ginsburg
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Breyer
4-06



Machado v. Holder 559 U.S. 966 (2010)

ineffective assistance of counsel Scalia, Thomas, Alito
Roberts dissented from the Court's summary granting of certiorari, vacatur of the lower Court's opinion, and remand of the case.
1-07



United States v. Stevens 559 U.S. 460 (2010)

criminalization of depictions of animal cruelty  • First Amendment  • free speech Stevens, Scalia, Kennedy, Thomas, Ginsburg, Breyer, Sotomayor
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Alito
1-08



Conkright v. Frommert 559 U.S. 506 (2010)

Employee Retirement Income Security Act of 1974  • standard of review of plan administrator interpretration Scalia, Kennedy, Thomas, Alito
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Breyer
2-09



Salazar v. Buono 559 U.S. 700 (2010)

Article III  • standing  • First Amendment  • Establishment Clause  • display of religious symbol on government land  • land transfer from government to private owner
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Kennedy
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Scalia
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Alito
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Stevens
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Breyer
1-10



Renico v. Lett 559 U.S. 766 (2010)

Fifth Amendment  • Double Jeopardy Clause  • retrial after mistrial Scalia, Kennedy, Thomas, Ginsburg, Alito
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Stevens
5-11



Jackson v. District of Columbia Board of Elections and Ethics 559 U.S. 1301 (2010)

Same-sex marriage in the District of Columbia  • local referendum process
Roberts denied an application for a stay of the D.C. Religious Freedom and Civil Marriage Equality Amendment Act, which legalized same-sex marriage in Washington, D.C. effective March 3, 2010.
2-12



Graham v. Florida 560 U.S. 48 (2010)

Eighth Amendment  • cruel and unusual punishment  • sentencing of juveniles to life imprisonment for nonhomicide crimes
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Kennedy
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Stevens
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Thomas
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Alito
4-13



Robertson v. United States ex rel. Watson 560 U.S. 272 (2010)

criminal contempt proceedings initiated by private action Scalia, Kennedy, Sotomayor
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per curiam
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Sotomayor
Roberts dissented from the Court's per curiam dismissal of the writ of certiorari as improvidently granted.
3-14



Alabama v. North Carolina 560 U.S. 330 (2010)

Southeast Interstate Low-Level Radioactive Waste Compact Thomas
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Scalia
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Kennedy
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Breyer
4-15



Dolan v. United States 560 U.S. 605 (2010)

Mandatory Victims Restitution Act  • deadline for restitution order Stevens, Scalia, Kennedy
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Breyer
1-16



Holder v. Humanitarian Law Project 561 U.S. 1 (2010)

USA Patriot Act  • nonviolent training and expert advice as material support to terrorism  • standing  • Fifth Amendment  • Due Process Clause  • First Amendment  • free speech  • freedom of association Stevens, Scalia, Kennedy, Thomas, Alito
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Breyer
1-17



Doe v. Reed 561 U.S. 186 (2010)

public disclosure of referendum petitions  • First Amendment  • free speech Kennedy, Ginsburg, Breyer, Alito, Sotomayor
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Stevens
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Scalia
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Breyer
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Alito
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Sotomayor
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Thomas
1-18



Free Enterprise Fund v. Public Company Accounting Oversight Bd. 561 U.S. 477 (2010)

Sarbanes-Oxley Act of 2002  • Public Company Accounting Oversight Board  • separation of powers  • Appointments Clause Scalia, Kennedy, Thomas, Alito
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Breyer
5-19



Lux v. Rodrigues 561 U.S. 1306 (2010)

signatures required to appear on congressional ballot
Roberts denied an application for an injunction.

References