2009 term United States Supreme Court opinions of Anthony Kennedy

Last updated
The 2009 term of the Supreme Court of the United States began October 5, 2009, and concluded October 3, 2010. This was the twenty-third term of Associate Justice Anthony Kennedy's tenure on the Court. Anthony Kennedy (2009, cropped).jpg
Anthony Kennedy 2009 term statistics
9
Majority or Plurality
8
Concurrence
1
Other
4
Dissent
0
Concurrence/dissentTotal = 22
Bench opinions = 21Opinions relating to orders = 1In-chambers opinions = 0
Unanimous opinions: 0 Most joined by: Roberts, Alito (10) Least joined by: Stevens (5)
TypeCaseCitationIssuesJoined byOther opinions
201



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

habeas corpus review   adequate and independent state ground doctrine   discretionary state procedural rulesThomas
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Roberts
102



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 speechRoberts, Scalia, Alito; Stevens, Thomas, Ginsburg, Breyer, Sotomayor (in part)
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Roberts
503



DTD Enterprises, Inc. v. Wells558 U.S. 964 (2009)

class action   imposition of class notification cost on defendantRoberts, Sotomayor
Kennedy filed a statement respecting the Court's denial of certiorari, to note that, although he agreed with the denial in this instance, the petition for certiorari raised issues of constitutional importance. In a class action lawsuit, the New Jersey state trial court had imposed the costs of class notification upon the defendants apparently for no other reason than their ability to pay it. Kennedy believed that serious Due Process implications were raised if New Jersey law permitted this solely based on the relative wealth of the parties, without any consideration of the underlying merits of the case. As the petition to the Court was interlocutory, however, due to the state courts denying leave to appeal, the Court would have to interpret state law without any state court opinion on the matter. Further, the defendant had declared bankruptcy, and the applicability of the automatic stay raised an unrelated procedural obstacle to the case. Kennedy believed that under those circumstances, it was best to deny the petition notwithstanding the substantive constitutional issues.
204



Perdue v. Kenny A. 559 U.S. 542 (2010)

Civil Rights Attorney's Fees Award Act of 1976   calculation of attorney's fees
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Alito
405



Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA 559 U.S. 573 (2010)

Fair Debt Collection Practices Act   exclusion of legal errors from bona fide error defenseAlito
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Sotomayor
106



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 ownerRoberts; Alito (in part)
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Roberts
107



Abbott v. Abbott 560 U.S. 1 (2010)

Hague Convention on the Civil Aspects of International Child Abduction   International Child Abduction Remedies Act   ne exeat right as right of custodyRoberts, Scalia, Ginsburg, Alito, Sotomayor
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Stevens
108



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

Eighth Amendment   cruel and unusual punishment   sentencing of juveniles to life imprisonment for nonhomicide crimesStevens, Ginsburg, Breyer, Sotomayor
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Roberts
209



United States v. Comstock 560 U.S. 126 (2010)

Necessary and Proper Clause   civil commitment of mentally ill, sexually dangerous prisoners
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Breyer
110



United States v. O'Brien 560 U.S. 218 (2010)

use of machine gun in federal crime as element or sentencing factorRoberts, Stevens, Scalia, Ginsburg, Breyer, Alito, Sotomayor
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Stevens
211



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

Southeast Interstate Low-Level Radioactive Waste Compact Sotomayor
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Scalia
112



Berghuis v. Thompkins 560 U.S. 370 (2010)

Fifth Amendment   waiver of right to remain silent   Sixth Amendment   ineffective assistance of counsel Roberts, Scalia, Thomas, Alito
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Sotomayor
213



Levin v. Commerce Energy, Inc. 560 U.S. 413 (2010)

discriminatory state taxation   comity
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Ginsburg
414



Barber v. Thomas 560 U.S. 474 (2010)

Federal Bureau of Prisons calculation of good time credit Stevens, Ginsburg
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Breyer
415



New Process Steel, L. P. v. NLRB 560 U.S. 674 (2010)

Taft-Hartley Act   National Labor Relations Board   delegation of powers to groups of membersGinsburg, Breyer, Sotomayor
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Stevens
216



Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection 560 U.S. 702 (2010)

Fifth Amendment   Takings Clause   littoral rights Sotomayor
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Scalia
117



Ontario v. Quon 560 U.S. 746 (2010)

Fourth Amendment   government review of employee text messagesRoberts, Stevens, Thomas, Ginsburg, Breyer, Alito, Sotomayor; Scalia (in part)
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Stevens
118



Kawasaki Kisen Kaisha Ltd. v. Regal-Beloit Corp. 561 U.S. 89 (2010)

Carriage of Goods by Sea Act   forum selection clause Roberts, Scalia, Thomas, Breyer, Alito
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Sotomayor
419



Magwood v. Patterson 561 U.S. 320 (2010)

habeas corpus   Antiterrorism and Effective Death Penalty Act of 1996   claims in second or successive applicationsRoberts, Ginsburg, Alito
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Thomas
220



Black v. United States 561 U.S. 465 (2010)

honest services fraud   Federal Rules of Criminal Procedure   preservation of objections to jury instructions Thomas
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Ginsburg
121



Bilski v. Kappos 561 U.S. 593 (2010)

patent law   patentability of business methodRoberts, Thomas, Alito; Scalia (in part)
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Stevens
222



Christian Legal Soc. Chapter of Univ. of Cal., Hastings College of Law v. Martinez 561 U.S. 661 (2010)

nondiscrimination policy for university student organizations   First Amendment   free speech   public forum doctrine
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Ginsburg

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