2010 term United States Supreme Court opinions of Ruth Bader Ginsburg

Last updated
The 2010 term of the Supreme Court of the United States began October 4, 2010, and concluded October 1, 2011. This was the eighteenth term of Associate Justice Ruth Bader Ginsburg's tenure on the Court. Ruth Bader Ginsburg official SCOTUS portrait.jpg
Ruth Bader Ginsburg 2010 term statistics
9
Majority or Plurality
7
Concurrence
0
Other
7
Dissent
1
Concurrence/dissentTotal = 24
Bench opinions = 23Opinions relating to orders = 1In-chambers opinions = 0
Unanimous opinions: 2 Most joined by: Breyer (15) Least joined by: Kennedy, Thomas (6)
TypeCaseCitationIssuesJoined byOther opinions
101



Abbott v. United States   [ full text ]562 U.S. 8 (2010)

federal criminal law   mandatory sentencing   statutory interpretation   gun laws Roberts, Scalia, Kennedy, Thomas, Breyer, Alito, Sotomayor
Ginsburg's opinion for the Court ruled that 18 U.S.C.   § 924(c), which required a minimum five-year prison sentence for the involvement of a deadly weapon in federal drug trafficking or violent offenses, was to be imposed in addition to any other mandatory sentence given for another crime, including the underlying offense. The only exception to the five-year addition applied only when another provision required a longer mandatory term for conduct violating §924(c) specifically, rather than a mandatory sentence for another crime as the defendants had unsuccessfully argued.
202



Harrington v. Richter 562 U.S. 86 (2010)

Antiterrorism and Effective Death Penalty Act of 1996   habeas corpus   bar against relitigating claims   presumption of state court adjudication on merits   Sixth Amendment   ineffective assistance of counsel
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Kennedy
203



Premo v. Moore 562 U.S. 115 (2010)

Sixth Amendment   ineffective assistance of counsel
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Kennedy
204



Thompson v. North American Stainless, LP 562 U.S. 170 (2011)

Title VII   employer retaliation against third-partyBreyer
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Scalia
105



Ortiz v. Jordan 562 U.S. 180 (2011)

Federal Rules of Civil Procedure   appealability of denial of summary judgment motion after trial on the merits   qualified immunity   post-trial judicial review of sufficiency of the evidenceRoberts, Breyer, Alito, Sotomayor, Kagan
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Thomas
206



Swarthout v. Cooke 562 U.S. 216 (2011)

Due Process Clause   denial of parole
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per curiam
107



Walker v. Martin 562 U.S. 307 (2011)

habeas corpus   independent and adequate state procedural ground as basis for state judgmentUnanimous
408



Michigan v. Bryant 562 U.S. 344 (2011)

Sixth Amendment   Confrontation Clause   hearsay exception for statements to help police address ongoing emergency
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Sotomayor
109



Skinner v. Switzer 562 U.S. 521 (2011)

postconviction access to DNA testing   Section 1983   Rooker–Feldman doctrine Roberts, Scalia, Breyer, Sotomayor, Kagan
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Thomas
410



Weise v. Casper  [ full text ]562 U.S. 976 (2010)

First Amendment   free speech   qualified immunity Sotomayor
Ginsburg filed a dissent from the Court's denial of certiorari. The plaintiffs had been ejected by volunteers, acting at the behest of the government, from a public speech by President George W. Bush because of an anti-war bumper sticker on the plaintiffs' car. The lower court ruled that the volunteers were entitled to qualified immunity because "no specific [judicial] authority" had given instructions on how to address the specific issue. Ginsburg wrote that the ejection was unreasonable and no "specific authority" should have been needed despite the novel facts of the case, because the Court's jurisprudence was quite clear that a benefit (access to the speech) could not be withheld on the basis of protected speech (the political bumper sticker). Ginsburg thought the volunteer status of the respondents in this appeal may have had some bearing on the Court's decision not to review the case, because the Volunteer Protection Act of 1997 may have shielded them from suit (although that was not the basis of the lower court's ruling). The lawsuit remained pending below against the government officials responsible for the plaintiffs' removal.

Further reading

  • Liptak, Adam (October 12, 2010), "Justices Turn Down Appeal Over Speech Ejections", The New York Times , retrieved October 12, 2010.
411



Connick v. Thompson 563 U.S. 51 (2011)

single violation as basis for Section 1983 claim   failure to make Brady disclosure   failure to train prosecutorsBreyer, Sotomayor, Kagan
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Thomas
112



Astra USA, Inc. v. Santa Clara County 563 U.S. 110 (2011)

Public Health Service Act   price ceilings on pharmaceuticals sold to certain health care providers   provider cause of action for violationRoberts, Scalia, Kennedy, Thomas, Breyer, Alito, Sotomayor
413



United States v. Tohono O'odham Nation 563 U.S. 307 (2011)

Court of Federal Claims jurisdiction   separate suits based on same operative facts
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Kennedy
414



Schindler Elevator Corp. v. United States ex rel. Kirk 563 U.S. 401 (2011)

False Claims Act   bar on qui tam suits based on public disclosures   Freedom of Information Act responsesBreyer, Sotomayor
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Thomas
415



Kentucky v. King 563 U.S. 452 (2011)

Fourth Amendment   exigent circumstances   police-created exigency
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Alito
216



Ashcroft v. al-Kidd 563 U.S. 731 (2011)

material witness arrest of terrorism suspects   pretextual motivation   Fourth Amendment   qualified immunity Breyer, Sotomayor
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Scalia
217



United States v. Jicarilla Apache Nation 564 U.S. 162 (2011)

fiduciary exception to attorney–client privilege   general trust relationship between the United States and Indian tribesBreyer
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Alito
218



Bond v. United States 564 U.S. 211 (2011)

Article III   standing   Chemical Weapons Convention Implementation Act of 1998   Tenth Amendment Breyer
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Kennedy
319



Wal-Mart Stores, Inc. v. Dukes 564 U.S. 338 (2011)

Title VII   class certification Breyer, Sotomayor Kagan
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Scalia
120



American Elec. Power Co. v. Connecticut 564 U.S. 410 (2011)

Clean Air Act   power plant carbon dioxide emissions standards   federal common law nuisance claimsRoberts, Scalia, Kennedy, Breyer, Kagan
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Alito
121



Bullcoming v. New Mexico 564 U.S. 647 (2011)

Sixth Amendment   Confrontation Clause   forensic laboratory report as testimonyScalia; Thomas, Sotomayor, Kagan (in part)
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Sotomayor
122



CSX Transp., Inc. v. McBride 564 U.S. 685 (2011)

Federal Employers' Liability Act   railroad causation of employee injuryBreyer, Sotomayor, Kagan; Thomas (in part)
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Roberts
423



J. McIntyre Machinery, Ltd. v. Nicastro 564 U.S. 873 (2011)

Fourteenth Amendment   Due Process Clause   personal jurisdiction over foreign manufacturer in state product liability suit   purposeful availment of the forumSotomayor, Kagan
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Kennedy
124



Goodyear Dunlop Tires Operations, S. A. v. Brown 564 U.S. 915 (2011)

Fourteenth Amendment   Due Process Clause   personal jurisdiction   foreign corporation sued in domestic courtUnanimous

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References