The Roberts Court: The Struggle for the Constitution (57 page)

Bowles v. Russell
(2007): 5–4 decision by Justice Clarence Thomas. A judge’s error on the time for the filing of an appeal by a criminal defendant does not excuse the late filing of the appeal. Majority: Roberts, Scalia, Kennedy, Thomas, Alito; Dissent: Stevens, Souter, Ginsburg, Breyer.

Boumediene v. Bush
(2008): 5–4 decision by Justice Anthony Kennedy. The Military Commissions Act of 2006 violates the Suspension Clause of the Constitution. Majority: Stevens, Kennedy, Souter, Ginsburg, Breyer. Dissent: Roberts, Scalia, Thomas, Alito.

Kennedy v. Louisiana
(2008): 5–4 decision by Justice Anthony Kennedy. The Eighth Amendment bars states from imposing the death penalty for the rape of a child where the crime does not result in death. Majority: Stevens, Kennedy, Souter, Ginsburg, Breyer; Dissent: Roberts, Scalia, Thomas, Alito.

Davis v. Federal Election Commission
(2008): 5–4 decision by Justice Samuel Alito Jr. The “millionaire’s amendment” to the 2002 Bipartisan Campaign Finance Act, which raised the contribution limit for candidates running against self-financed candidates, violates the First Amendment. Majority: Roberts, Scalia, Kennedy, Thomas, Alito; Dissent: Stevens, Souter, Ginsburg, Breyer.

District of Columbia v. Heller
(2008): 5–4 decision by Justice Antonin Scalia. The Second Amendment guarantees an individual right to possess a gun in the home for self-defense. Majority: Roberts, Scalia, Kennedy, Thomas, Alito; Dissent: Stevens, Souter, Ginsburg, Breyer.

Melendez-Diaz v. Massachusetts
(2009): 5–4 decision by Justice Antonin Scalia. A criminal defendant has a Sixth Amendment right to confront
the lab analyst who prepared a laboratory report intended for use at trial. Majority: Stevens, Scalia, Souter, Thomas, Ginsburg; Dissent: Roberts, Kennedy, Breyer, Alito.

Ashcroft v. Iqbal
(2009): 5–4 decision by Justice Anthony Kennedy. An Arab Muslim man arrested after the September 11 terrorist attacks and later released did not plead sufficient facts in his lawsuit charging high-ranking government officials with discrimination. Majority: Roberts, Scalia, Kennedy, Thomas, Alito; Dissent: Stevens, Souter, Ginsburg, Breyer.

Caperton v. A.T. Massey Coal Co
. (2009): 5–4 decision by Justice Anthony Kennedy. Due process requires a judge to recuse himself from a case in which one of the parties contributed $3 million to the judge’s election campaign. Majority: Stevens, Kennedy, Souter, Ginsburg, Breyer; Dissent: Roberts, Scalia, Thomas, Alito.

Ricci v. DeStefano
(2009): 5–4 decision by Justice Anthony Kennedy. Employers must have a “strong basis in evidence” to believe they will be sued for disparate impact discrimination before engaging in intentional discrimination to avoid such a lawsuit. Majority: Roberts, Scalia, Kennedy, Thomas, Alito; Dissent: Stevens, Souter, Ginsburg, Breyer.

Northwest Austin Municipal Utility District No. 1 v. Holder
(2009): 8–1 decision by Chief Justice John Roberts Jr. The Voting Rights Act permits all political subdivisions of a “covered” jurisdiction to seek “bail out” from the requirement that they get preclearance of any changes in their voting practices. Majority: Roberts, Stevens, Scalia, Kennedy, Souter, Ginsburg, Breyer, Alito; Dissent: Thomas.

Gross v. FBL Financial Services
(2009): 5–4 decision by Justice Clarence Thomas. Workers in an age job discrimination suit must prove by a “preponderance of the evidence” that age was the “but-for” cause of the
employer’s action. Majority: Roberts, Scalia, Kennedy, Thomas, Alito; Dissent: Stevens, Souter, Ginsburg, Breyer.

Citizens United v. Federal Election Commission
(2010): 5–4 decision by Justice Anthony Kennedy. The federal ban on corporations and unions using their treasury funds for independent campaign spending violates the First Amendment. Majority: Roberts, Scalia, Kennedy, Thomas, Alito; Dissent: Stevens, Souter, Ginsburg, Breyer.

Graham v. Florida
(2010): 6–3 decision by Justice Anthony Kennedy. The Eighth Amendment bars the imposition of a sentence of life in prison without parole on juveniles who commit non-homicide crimes. Majority: Roberts, Stevens, Kennedy, Ginsburg, Breyer, Sotomayor. Dissent: Scalia, Thomas, Alito.

McDonald v. City of Chicago
(2010): 5–4 decision by Justice Samuel Alito. The Second Amendment guarantee of an individual right to possess a gun in the home applies to the states. Majority: Roberts, Scalia, Kennedy, Thomas, Alito; Dissent: Stevens, Ginsburg, Breyer, Sotomayor.

U.S. v. Comstock
(2010): 7–2 decision by Justice Stephen Breyer. Congress had authority under the necessary and proper clause to enact a law providing for the civil commitment of dangerous sexual offenders who had completed their criminal sentences. Majority: Roberts, Stevens, Kennedy, Ginsburg, Breyer, Alito, Sotomayor; Dissent: Scalia, Thomas.

U.S. v. Stevens
(2010): 8–1 decision by Chief Justice John Roberts Jr. A federal law prohibiting the knowing selling of depictions of animal cruelty was overbroad and violated the First Amendment. Majority: Roberts, Stevens, Scalia, Kennedy, Thomas, Ginsburg, Breyer, Sotomayor. Dissent: Alito.

Doe v. Reed
(2010): 8–1 decision by Chief Justice John Roberts Jr. A law requiring public disclosure of the identity of petition signers does not generally violate the First Amendment. Majority: Roberts, Stevens, Scalia, Kennedy, Ginsburg, Breyer, Sotomayor, Alito. Dissent: Thomas.

Holder v. Humanitarian Law Project
(2010): 6–3 decision by Chief Justice John Roberts Jr. A federal law prohibiting material support of terrorist-designated foreign organizations is not unconstitutionally vague as applied to a group seeking to teach and advocate peaceful resolution of conflicts to two such designated organizations. Majority: Roberts, Stevens, Scalia, Kennedy, Thomas, Alito; Dissent: Ginsburg, Breyer, Sotomayor.

Chamber of Commerce v. Whiting
(2011): 5–3 decision by Chief Justice John Roberts Jr. Federal immigration law does not preempt an Arizona law requiring employers to check the immigration status of potential employees and revoking the business license of those who hire illegal immigrants. Majority: Roberts, Scalia, Kennedy, Thomas, Alito; Dissent: Ginsburg, Breyer, Sotomayor. (Kagan recused).

AT&T Mobility v. Concepcion
(2011): 5–4 decision by Justice Antonin Scalia. Federal arbitration law preempts state-law rules prohibiting contracts with clauses that bar class actions. Majority: Roberts, Scalia, Kennedy, Thomas, Alito; Dissent: Ginsburg, Breyer, Sotomayor, Kagan.

Wal-Mart v. Dukes
(2011): 5–4 decision by Justice Antonin Scalia. A nationwide class of female employees suing Wal-Mart for discrimination in pay and promotions failed to have common questions of law or fact in order to qualify as a class action under federal rules. Majority: Roberts, Scalia, Kennedy, Thomas, Alito; Dissent: Ginsburg, Breyer, Sotomayor, Kagan.

American Electric Power v. Connecticut
(2011): 8–0 decision by Justice Ruth Bader Ginsburg. States cannot use common-law nuisance lawsuits in an attempt to limit greenhouse gases. Majority: Roberts, Scalia, Kennedy, Thomas, Ginsburg, Breyer, Alito, Kagan. (Sotomayor recused).

Snyder v. Phelps
(2011): 8–1 decision by Chief Justice John Roberts Jr. The First Amendment protects protests by the Westboro Baptist Church at military funerals from state tort liability, including lawsuits for intentional infliction of emotional distress. Majority: Roberts, Scalia, Kennedy, Thomas, Ginsburg, Breyer, Sotomayor, Kagan. Dissent: Alito.

Brown v. Entertainment Merchants Assn
. (2011): 7–2 decision by Justice Antonin Scalia. A state law prohibiting the sale or rental to minors of violent video games violates the First Amendment. Majority: Roberts, Scalia, Kennedy, Ginsburg, Sotomayor, Kagan, Alito. Dissent: Thomas, Breyer.

Sorrell v. IMS Health
(2011): 6–3 decision by Justice Anthony Kennedy. A Vermont law banning the sale of doctors’ prescribing information to drug and data mining companies violates the First Amendment. Majority: Roberts, Scalia, Kennedy, Thomas, Alito, Sotomayor; Dissent: Ginsburg, Breyer, Kagan.

Arizona Free Enterprise Club v. Bennett
(2011): 5–4 decision by Chief Justice John Roberts Jr. The matching funds mechanism in an Arizona campaign finance law violates the First Amendment. Majority: Roberts, Scalia, Kennedy, Thomas, Alito; Dissent: Ginsburg, Breyer, Sotomayor, Kagan.

J.D.B. v. North Carolina
(2011): 5–4 decision by Justice Sonia Sotomayor. A juvenile’s age is a factor in determining whether Miranda warnings are required. Majority: Kennedy, Ginsburg, Breyer, Sotomayor, Kagan; Dissent: Roberts, Scalia, Thomas, Alito.

Arizona Christian School Tuition Organization v. Winn
(2011): 5–4 decision by Justice Anthony Kennedy. Arizona taxpayer group does not have standing to challenge a tuition tax credit that largely goes to private religious schools. Majority: Roberts, Scalia, Kennedy, Thomas, Alito; Dissent: Ginsburg, Breyer, Sotomayor, Kagan.

Arizona v. U.S
. (2012): 5–3 decision by Justice Anthony Kennedy. Federal immigration law preempts most of Arizona’s anti-immigration law. Majority: Roberts, Kennedy, Ginsburg, Breyer, Sotomayor; Dissent: Scalia, Thomas, Alito. (Kagan recused).

Miller v. Alabama
(2012): 5–4 decision by Justice Elena Kagan. The Eighth Amendment bars the sentence of life in prison without parole for juvenile murderers. Majority: Kennedy, Ginsburg, Breyer, Sotomayor, Kagan; Dissent: Roberts, Scalia, Thomas, Alito.

Knox v. Service Employees International Union
(2012): 7–2 decision by Justice Samuel Alito Jr. The First Amendment is violated when a union imposes a special assessment without the affirmative consent of non-members. Majority: Roberts, Scalia, Kennedy, Thomas, Ginsburg, Alito, Sotomayor; Dissent: Breyer, Kagan.

National Federation of Independent Business v. Sebelius
(2012): 5–4 decision by Chief Justice John Roberts Jr. The Affordable Care Act’s requirement that individuals purchase health insurance or pay a penalty is a constitutional exercise of Congress’s authority to levy taxes. Majority: Roberts, Ginsburg, Breyer, Sotomayor, Kagan; Dissent: Scalia, Kennedy, Thomas, Alito.

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abortion,
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partial birth,
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academics, amicus briefs by,
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ACLU: At War with America
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affirmative action,
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lawsuits against,
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Barnett and,
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