2011 term United States Supreme Court opinions of Antonin Scalia

The 2011 term of the Supreme Court of the United States began October 3, 2011 and concluded September 30, 2012. This was the twenty-sixth term of Associate Justice Antonin Scalia's tenure on the Court .
Antonin Scalia 2011 term statistics
8
Majority or Plurality
4
Concurrence
0
Other
10
Dissent
1
Concurrence/dissent Total = 23
Bench opinions = 22 Opinions relating to orders = 1 In-chambers opinions = 0
Unanimous opinions: 3 Most joined by: Thomas (15) Least joined by: Kennedy, Ginsburg, Breyer, Kagan (6)
Type Case Citation Issues Joined by Other opinions
1-01



Greene v. Fisher  [full text] 565 U.S. ___ (2011)

Antiterrorism and Effective Death Penalty Act   clearly established Federal law Unanimous
Scalia's opinion for the Court interpreted AEDPA's requirement that a federal court can only grant a habeas corpus petition to set aside a state court conviction if the conviction results in a decision "contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States." The Court ruled that "clearly established Federal law" does not include Supreme Court decisions that are announced after the last adjudication of the merits in state court but before the defendant's conviction becomes final.
4-02



Cash v. Maxwell  [full text] 565 U.S. ___ (2012)

Antiterrorism and Effective Death Penalty Act   due process   false testimony   jailhouse informants Alito
Sotomayor
Scalia dissented from the Court's denial of certiorari, of a Ninth Circuit decision that set aside two murder convictions on the finding that there was significant evidence that a jailhouse informant had lied regarding the defendant's confession. Scalia believed this evidence was circumstantial, as it regarded the informant's lying regarding other matters at the trial and in subsequent unrelated trials, which even the Ninth Circuit acknowledged did not determine that he necessarily lied regarding the confession in this trial. Scalia wrote that this evidence "might permit, but by no means compels, the conclusion that Storch [the informant] fabricated Maxwell's admission," which meant that under AEDPA the convictions should have stood because "[t]he only factual determination necessary to support the California court's decision was that Maxwell had not established that Storch lied." Scalia also took issue with the Ninth Circuit's holding that the use of false testimony violated the Fourteenth Amendment's Due Process Clause, whether or not the prosecution knew it was false. "We have never held that, and are unlikely ever to do so."

Scalia closed his opinion with a general note of criticism regarding the Ninth Circuit: "It is a regrettable reality that some federal judges like to second-guess state courts. The only way this Court can ensure observance of Congress's abridgement of their habeas power is to perform the unaccustomed task of reviewing utterly fact-bound decisions that present no disputed issues of law. We have often not shrunk from that task, which we have found particularly needful with regard to decisions of the Ninth Circuit... Today we have shrunk, letting stand a judgment that once again deprives California courts of that control over the State's administration of criminal justice which federal law assures."

1-03



CompuCredit Corp. v. Greenwood 565 U.S. ___ (2012)

Federal Arbitration Act   Credit Repair Organizations Act Roberts, Kennedy, Thomas, Breyer, Alito
Sotomayor
Ginsburg
2-04



Minneci v. Pollard 565 U.S. ___ (2012)

Eighth Amendment   cruel and unusual punishment   privately-run prison   adequate alternative causes of action under state tort law Thomas
Breyer
Ginsburg
4-05



Gonzalez v. Thaler 565 U.S. ___ (2012)

Antiterrorism and Effective Death Penalty Act of 1996   habeas corpus   statute of limitations
Sotomayor
2-06



Pacific Operators Offshore, LLP v. Valladolid 565 U.S. ___ (2012)

Outer Continental Shelf Lands Act   Longshore and Harbor Workers' Compensation Act   coverage of injury occurring on land Alito
Thomas
4-07



Maples v. Thomas 565 U.S. ___ (2012)

habeas corpus   excusable procedural default   abandonment by counsel Thomas
Ginsburg
Alito
1-08



United States v. Jones 565 U.S. ___ (2012)

Fourth Amendment   GPS tracking of suspect's vehicle Roberts, Kennedy, Thomas, Sotomayor
Alito
Sotomayor
4-09



Reynolds v. United States 565 U.S. ___ (2012)

Sex Offender Registration and Notification Act   applicability to pre-Act offenders Ginsburg
Breyer
4-10



Martinez v. Ryan 566 U.S. ___ (2012)

Sixth Amendment   ineffective assistance of counsel   habeas corpus   procedural default of claim required to be raised in state collateral review Thomas
Kennedy
2-11



Coleman v. Court of Appeals of Md. 566 U.S. ___ (2012)

Family and Medical Leave Act of 1993   self-care provision   Fourteenth Amendment   abrogation of state sovereign immunity
Kennedy
Thomas
Ginsburg
1-12



Sackett v. EPA 566 U.S. ___ (2012)

Clean Water Act   discharge of pollutants into navigable waters   finality of EPA compliance order under Administrative Procedure Act Unanimous
Ginsburg
Alito
4-13



Missouri v. Frye 566 U.S. ___ (2012)

Sixth Amendment   ineffective assistance of counsel   failure to inform defendant of plea bargain offer Roberts, Thomas, Alito
Kennedy
4-14



Lafler v. Cooper 566 U.S. ___ (2012)

ineffective assistance of counsel   rejection of plea bargain as prejudice Thomas; Roberts (in part)
Kennedy
Alito
1-15



Credit Suisse Securities (USA) LLC v. Simmonds 566 U.S. ___ (2012)

Securities Exchange Act of 1934   corporate action against insider trading   statute of limitations   equitable tolling Kennedy, Thomas, Ginsburg, Breyer, Alito, Sotomayor, Kagan
1-16



Setser v. United States 566 U.S. ___ (2012)

Sentencing Reform Act of 1984   federal court discretion to order consecutive or concurrent sentences in anticipation of state court sentence Roberts, Thomas, Alito, Sotomayor, Kagan
Breyer
4-17



Vartelas v. Holder 566 U.S. ___ (2012)

Illegal Immigration Reform and Immigrant Responsibility Act of 1996   effect of conviction on lawful permanent resident seeking reentry   antiretroactivity principle Thomas, Alito
Ginsburg
2-18



United States v. Home Concrete & Supply, LLC 566 U.S. ___ (2012)

Internal Revenue Code of 1954   overstatement of basis in property   statute of limitations for tax deficiency
Breyer
Kennedy
1-19



Freeman v. Quicken Loans, Inc. 566 U.S. ___ (2012)

Real Estate Settlement Procedures Act   applicability in absence of fee splitting Unanimous
1-20



RadLAX Gateway Hotel, LLC v. Amalgamated Bank 566 U.S. ___ (2012)

bankruptcy   Chapter 11   cram down reorganization plan   credit-bidding by secured creditor at asset auction Roberts, Thomas, Ginsburg, Breyer, Alito, Sotomayor, Kagan
4-21



Dorsey v. United States 567 U.S. ___ (2012)

Anti-Drug Abuse Act of 1986   Fair Sentencing Act   mandatory minimum setencing   applicability of post-Act sentencing to pre-Act offenders Roberts, Thomas, Alito
Breyer
3-22



Arizona v. United States 567 U.S. ___ (2012)

immigration   federal preemption   Arizona SB 1070
Kennedy
Thomas
Alito
4-23



National Federation of Independent Business v. Sebelius 567 U.S. ___ (2012)

Patient Protection and Affordable Care Act   individual mandate   Anti-Injunction Act   Commerce Clause   Necessary and Proper Clause   Medicaid expansion   coercive conditions on federal spending
Roberts
Ginsburg
Thomas
Signed jointly with Justices Kennedy, Thomas, and Alito.

References

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