2009 term United States Supreme Court opinions of John Paul Stevens

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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 thirty-fifth and final term of Associate Justice John Paul Stevens's tenure on the Court; Stevens retired on June 29, 2010. John Paul Stevens, SCOTUS photo portrait.jpg
John Paul Stevens 2009 term statistics
6
Majority or Plurality
13
Concurrence
3
Other
13
Dissent
2
Concurrence/dissentTotal = 37
Bench opinions = 33Opinions relating to orders = 4In-chambers opinions = 0
Unanimous opinions: 1 Most joined by: Ginsburg, Sotomayor (8) Least joined by: Scalia, Thomas (4)
TypeCaseCitationIssuesJoined byOther opinions
201



Wong v. Belmontes 558 U.S. 15 (2009)

Sixth Amendment   ineffective assistance of counsel   death penalty   jury instructions
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per curiam
Stevens filed an opinion concurring in the Supreme Court's judgment that a convicted murderer on death row had failed to show that his attorney's failure to present more mitigating evidence affected the outcome of his sentencing. Stevens, however, criticized the Supreme Court's prior decision in the same case, from which he had dissented, and stated that he strongly disagreed with the decision to review the case again. The jury had been erroneously instructed that they could not give mitigating weight to any factors that did not reduce his culpability for the crime, which lead it to disregard evidence of the defendant's religious conversion and contributions to a youth rehabilitation program that could have "afford[ed] the jury a principled basis for imposing a sentence other than death." Stevens noted that "the conscientious jurors' mistaken understanding of the law would have prevented them from giving that additional evidence 'any weight at all,' let alone controlling weight."
402



Michigan v. Fisher 558 U.S. 45 (2009)

Fourth Amendment   emergency aid exception Sotomayor
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per curiam
303



Alvarez v. Smith 558 U.S. 87 (2009)

Case or Controversy Clause   mootness
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Breyer
204



Smith v. Spisak 558 U.S. 139 (2010)

Eighth Amendment   death penalty   jury instructions on mitigation   Sixth Amendment   ineffective assistance of counsel
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Breyer
405



NRG Power Marketing, LLC v. Maine Pub. Util. Comm'n 558 U.S. 165 (2010)

Federal Power Act   presumption of reasonable electricity rates under wholesale energy contracts
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Ginsburg
406



Wood v. Allen 558 U.S. 290 (2010)

habeas corpus   Sixth Amendment   ineffective assistance of counsel Kennedy
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Sotomayor
307



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 speechGinsburg, Breyer, Sotomayor
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Kennedy
508



United States v. Seale 558 U.S. 985 (2009)

federal kidnapping offense   statute of limitations Scalia
Stevens filed a statement respecting the Court's dismissal of a certified question, regarding which statute of limitations applied to the federal crime of kidnapping, 18 U.S.C.   § 1201. The question arose in the federal prosecution, begun in 2007, of KKK member James Ford Seale for his role in the 1964 murders of two black teens. There was no statute of limitations for capital crimes, but if the crime was not capital in nature the limitations period would be five years and have since expired. Section 1201 was punishable by death at the time of the crime and at the time of the prosecution, but not for more than two decades in between due to a repeal of the relevant death penalty provision in 1972. The District Court in Seale's prosecution ruled that the repeal did not retroactively change the character of the crime, which a panel of the Fifth Circuit then reversed. The Fifth Circuit vacated that decision for an en banc review, but then evenly divided and so the District Court's ruling was reinstated. A majority of the Fifth Circuit then voted to certify the question to the Supreme Court. Stevens believed the certified issue was "a pure question of law that may well determine the outcome of a number of cases of ugly racial violence remaining from the 1960s." Though the question was interlocutory, due to Seale's appeal on other grounds, Stevens saw no reason to delay the resolution of that question, which Stevens viewed as "narrow, debatable, and important." Stevens further noted that the Court had not accepted a certified question since 1981, but that the certification process remains law because it "serves a valuable, if limited, function."
509



Muhammad v. Kelly558 U.S. 1019 (2009)

death penalty   staying executionsGinsburg, Sotomayor
Stevens filed a statement respecting the Court's denial of a stay of execution, and denial of the petition for certiorari.
510



Johnson v. Bredesen558 U.S. 1067 (2009)

Eighth Amendment   death penalty Breyer
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Thomas
Stevens filed a statement respecting the Court's denial of certiorari and a stay of execution.
411



Florida v. Powell 559 U.S. 50 (2010)

Fifth Amendment   Miranda warning   adequate and independent state ground doctrineBreyer (in part)
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Ginsburg
212



Maryland v. Shatzer 559 U.S. 98 (2010)

Fifth Amendment   Miranda rights   release to general prison population as break in custody
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Scalia
113



Graham County Soil and Water Conservation Dist. v. United States ex rel. Wilson 559 U.S. 280 (2010)

False Claims Act   bar on qui tam suits based on publicly disclosed allegationsRoberts, Kennedy, Thomas, Ginsburg, Alito; Scalia (in part)
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Scalia
114



Padilla v. Kentucky 559 U.S. 356 (2010)

Sixth Amendment   ineffective assistance of counsel   legal advice on deportation as consequence of convictionKennedy, Breyer, Ginsburg, Sotomayor
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Alito
215



Shady Grove Orthopedic Associates, P. A. v. Allstate Ins. Co. 559 U.S. 393 (2010)

class actions   state rule conflict with Federal Rules of Civil Procedure   Rules Enabling Act
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Scalia
216



Merck & Co. v. Reynolds 559 U.S. 633 (2010)

Securities Exchange Act of 1934   securities fraud   statute of limitations   discovery rule and scienter
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Breyer
417



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 ownerGinsburg, Sotomayor
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Kennedy
418



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

Fifth Amendment   Double Jeopardy Clause   retrial after mistrial Sotomayor; Breyer (in part)
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Roberts
419



Florida v. Rigterink559 U.S. 965 (2010)

adequate and independent state ground doctrine
Stevens dissented from the Court's summary granting of certiorari, vacatur of decision by the Florida Supreme Court, and remand. Stevens believed the lower court's decision rested upon an adequate and independent state ground, leaving the Court without jurisdiction to vacate the judgment.
420



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 custodyThomas, Breyer
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Kennedy
221



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

Eighth Amendment   cruel and unusual punishment   sentencing of juveniles to life imprisonment for nonhomicide crimesGinsburg, Sotomayor
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Kennedy
122



American Needle, Inc. v. National Football League 560 U.S. 183 (2010)

antitrust law   National Football League team intellectual property licensing   concerted action   Rule of Reason Unanimous
223



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

use of machine gun in federal crime as element or sentencing factor
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Kennedy
224



Hardt v. Reliance Standard Life Ins. Co. 560 U.S. 242 (2010)

Employee Retirement Income Security Act of 1974   award of attorney's fees
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Thomas
425



United States v. Marcus 560 U.S. 258 (2010)

plain error standard of review   Ex Post Facto Clause   Trafficking Victims Protection Act of 2000
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Breyer
126



Samantar v. Yousuf 560 U.S. 305 (2010)

Foreign Sovereign Immunities Act   immunity for officials of foreign statesRoberts, Kennedy, Ginsburg, Breyer, Alito, Sotomayor
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Scalia
127



Carachuri-Rosendo v. Holder 560 U.S. 563 (2010)

Immigration and Nationality Act   discretionary cancellation of removal proceedings   drug possession as aggravated felonyRoberts, Kennedy, Ginsburg, Breyer, Alito, Sotomayor
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Scalia
128



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 membersRoberts, Scalia, Thomas, Alito
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Kennedy
229



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

Fourth Amendment   government review of employee text messages
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Kennedy
430



Dillon v. United States 560 U.S. 817 (2010)

United States Federal Sentencing Guidelines   sentence reduction   possession of crack cocaine
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Sotomayor
431



Rent-A-Center, West, Inc. v. Jackson 561 U.S. 63 (2010)

Federal Arbitration Act   challenge to enforceability of arbitration agreementGinsburg, Breyer, Sotomayor
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Scalia
432



Monsanto Co. v. Geertson Seed Farms 561 U.S. 139 (2010)

Plant Protection Act   deregulation of genetically modified plants   Article III   standing
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Alito
233



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

public disclosure of referendum petitions   First Amendment   free speech Breyer
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Roberts
234



Morrison v. National Australia Bank Ltd. 561 U.S. 247 (2010)

Securities and Exchange Act of 1934   SEC Rule 10b-5   extraterritorial applicationGinsburg
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Scalia
235



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

patent law   patentability of business methodGinsburg, Breyer, Sotomayor
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Kennedy
236



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
437



McDonald v. Chicago 561 U.S. 742 (2010)

Second Amendment   Fourteenth Amendment   Incorporation Doctrine   gun control
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Alito

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