411 REFERENCE · Wikipedia
2011 term United States Supreme Court opinions of Elena Kagan
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none
February 2026
September 2023
Elena
Kagan
File:Kagan 10-1-2010.jpg
2011
second
October 3, 2011
September 30, 2012
7
1
1
1
0
10
0
0
5
Ginsburg (8)
Roberts, Thomas, Alito (6)
https://www.supremecourt.gov/opinions/slipopinion/11
https://www.supremecourt.gov/opinions/relatingtoorders/11
https://www.supremecourt.gov/opinions/in-chambers/11
October 23, 2012
Elena Kagan opinions
SCOTUSterm2010-2015
01
Judulang v. Holder
majority
565
42
2011
Judulang v. Holder/Opinion of the Court
deportation discretionary relief comparable-grounds rule Administrative Procedure Act
Unanimous
The Court ruled that the Board of Immigration Appeals' "comparable-grounds rule" was arbitrary and capricious under the Administrative Procedure Act. The rule was used by the agency to determine the eligibility for discretionary relief of a long-term resident alien facing deportation for a past criminal conviction. The comparable-grounds rule asked whether the statutory deportation ground corresponded, in type and breadth, to a statutory exclusion ground under which a long-term resident alien who left the U.S. could be barred from re-entry. "But so what if it does?", the Court asked. "Each of these statutory grounds contains a slew of offenses. Whether each contains the same slew has nothing to do with whether a deportable alien whose prior conviction falls within both grounds merits the ability to seek a waiver." Comparing the comparable-grounds rule to decisionmaking by coin toss, the Court wrote that the rule was "unmoored from the purposes and concerns of the immigration laws. It allows an irrelevant comparison between statutory provisions to govern a matter of the utmost importance—whether lawful resident aliens with longstanding ties to this country may stay here." The rule was made further arbitrary by the fact that an official's choice of which of overlapping statutory deportation grounds covered a particular prior crime would itself determine the outcome of the comparison.
02
National Meat Assn. v. Harris
majority
565
452
2012
Federal Meat Inspection Act regulation of slaughterhouses disposition of nonambulatory livestock federal preemption
Unanimous
03
Messerschmidt v. Millender
concurrencedissent
565
535
2012
Fourth Amendment law enforcement reliance on overbroad search warrant qualified immunity
Roberts majority 2011 term United States Supreme Court opinions of John Roberts#Messerschmidt v. Millender
Breyer concurrence 2011 term United States Supreme Court opinions of Stephen Breyer#Messerschmidt v. Millender
Sotomayor dissent 2011 term United States Supreme Court opinions of Sonia Sotomayor#Messerschmidt v. Millender
04
Kurns v. Railroad Friction Products Corp.
concurrence
565
625
2012
Locomotive Inspection Act injury from asbestos exposure state law claims for defective design and failure to warn federal preemption
Thomas majority 2011 term United States Supreme Court opinions of Clarence Thomas#Kurns v. Railroad Friction Products Corp.
Sotomayor concurrencedissent 2011 term United States Supreme Court opinions of Sonia Sotomayor#Kurns v. Railroad Friction Products Corp.
05
Martel v. Claire
majority
565
648
2012
habeas corpus motion to substitute counsel in capital case
Unanimous
06
Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S
majority
566
399
2012
pharmaceutical patents counterclaim by generic drug companies to force correction of patent-holder use code
Unanimous
Sotomayor concurrence 2011 term United States Supreme Court opinions of Sonia Sotomayor#Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S
07
Holder v. Martinez Gutierrez
majority
566
583
2012
cancellation of removal of alien imputation to child of parent's continuous residence or lawful permanent residence status
Unanimous
08
Williams v. Illinois
dissent
567
50
2012
Sixth Amendment Confrontation Clause expert testimony
Scalia, Ginsburg, Sotomayor
Alito plurality 2011 term United States Supreme Court opinions of Samuel Alito#Williams v. Illinois
Thomas concurrence 2011 term United States Supreme Court opinions of Clarence Thomas#Williams v. Illinois
Breyer concurrence 2011 term United States Supreme Court opinions of Stephen Breyer#Williams v. Illinois
09
Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak
majority
567
209
2012
Indian Reorganization Act government acquisition of property to provide to Native Americans sovereign immunity Quiet Title Act prudential standing
Roberts, Scalia, Kennedy, Thomas, Ginsburg, Breyer, Alito
Sotomayor dissent 2011 term United States Supreme Court opinions of Sonia Sotomayor#Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak
10
Miller v. Alabama
majority
567
460
2012
Eighth Amendment Cruel and Unusual Punishment sentencing of juveniles to life without parole
Kennedy, Ginsburg, Breyer, Sotomayor
Breyer concurrence 2011 term United States Supreme Court opinions of Stephen Breyer#Miller v. Alabama
Roberts dissent 2011 term United States Supreme Court opinions of John Roberts#Miller v. Alabama
Thomas dissent 2011 term United States Supreme Court opinions of Clarence Thomas#Miller v. Alabama
Alito dissent 2011 term United States Supreme Court opinions of Samuel Alito#Miller v. Alabama