2003 term United States Supreme Court opinions of Antonin Scalia

none February 2026 September 2023 Antonin Scalia File:Antonin Scalia, SCOTUS photo portrait.jpg 2003 eighteenth October 6, 2003 October 3, 2004 9 10 2 12 1 30 4 0 2 Thomas (14) Souter (4) https://www.supremecourt.gov/opinions/slipopinions.aspx?Term=03 https://web.archive.org/web/20120516151532/https://www.supremecourt.gov/opinions/slipopinions.aspx?Term=03 May 16, 2012 http://www.supremecourtus.gov/opinions/03relatingtoorders.html https://web.archive.org/web/20050309004225/http://www.supremecourtus.gov/opinions/03relatingtoorders.html March 9, 2005 http://www.supremecourtus.gov/opinions/03in-chambers.html https://web.archive.org/web/20050214171136/http://www.supremecourtus.gov/opinions/03in-chambers.html February 14, 2005 December 23, 2016 Antonin Scalia opinions SCOTUSterm1994-2004 01 Barnhart v. Thomas majority 540 20 2003 Unanimous 02 McConnell v. Federal Election Commission concurrencedissent 540 93 2003 U.S. Const. amend. I campaign finance reform Stevens and O'Connor majority 2003 term United States Supreme Court opinions of John Paul Stevens#McConnell v. Federal Election Commission Rehnquist majority 2003 term United States Supreme Court opinions of William Rehnquist#McConnell v. Federal Election Commission Breyer majority 2003 term United States Supreme Court opinions of Stephen Breyer#McConnell v. Federal Election Commission Kennedy concurrencedissent 2003 term United States Supreme Court opinions of Anthony Kennedy#McConnell v. Federal Election Commission Thomas concurrencedissent 2003 term United States Supreme Court opinions of Clarence Thomas#McConnell v. Federal Election Commission Rehnquist dissent 2003 term United States Supreme Court opinions of William Rehnquist#McConnell v. Federal Election Commission Stevens dissent 2003 term United States Supreme Court opinions of John Paul Stevens#McConnell v. Federal Election Commission 03 Castro v. United States concurrence 540 375 2003 Thomas Breyer majority 2003 term United States Supreme Court opinions of Stephen Breyer#Castro v. United States 04 Verizon Communications Inc. v. Law Offices of Curtis V. Trinko LLP majority 540 398 2004 Antitrust telecommunications Rehnquist, O'Connor, Kennedy, Ginsburg, Breyer Stevens concurrence 2003 term United States Supreme Court opinions of John Paul Stevens#Verizon Communications Inc. v. Law Offices of Curtis V. Trinko LLP Scalia's 6-justice majority ruled that the allegation that an incumbent LEC had breached its duty under the Telecommunications Act of 1996 to share its network with competitors failed to state a claim under § 2 of the Sherman Act. 05 General Dynamics Land Systems, Inc. v. Cline dissent 540 581 2004 Employment discrimination Souter majority 2003 term United States Supreme Court opinions of John Paul Stevens#General Dynamics Land Systems, Inc. v. Cline Thomas dissent 2003 term United States Supreme Court opinions of Clarence Thomas#General Dynamics Land Systems, Inc. v. Cline Scalia dissented from Souter's 6-3 judgment that the EEOC had incorrectly interpreted the ADEA as prohibiting employers from favoring older over younger workers. Scalia would defer to the EEOC, whose regulation he believed was a reasonable interpretation of a statute that did not unambiguously require a different interpretation. 06 Olympic Airways v. Husain dissent 540 644 2004 Warsaw Convention O'Connor (in part) Thomas majority 2003 term United States Supreme Court opinions of Clarence Thomas#Olympic Airways v. Husain Scalia dissented from Thomas' 6-2 decision, which he criticized for failing to give any serious consideration to how courts of the partners of the U.S. in the Warsaw Convention had resolved the same legal issues 07 Locke v. Davey dissent 540 712 2004 Establishment Clause state funding of religious education Thomas Rehnquist majority 2003 term United States Supreme Court opinions of William Rehnquist#Locke v. Davey Thomas dissent 2003 term United States Supreme Court opinions of Clarence Thomas#Locke v. Davey Scalia dissented from Rehnquist's 7–2 decision. Scalia believed that Washington's scholarship program facially discriminated against religion by excluding only theology from the applicable subjects of study, "no less than if it had imposed a special tax." Scalia believed the plaintiff student was not asking for a "special benefit," but instead sought "only equal treatment." 08 Concrete Works of Colorado, Inc. v. City and County of Denver dissent 540 1027 2003 Rehnquist Scalia dissented from the denial of certiorari. 09 Raymond B. Yates, M.D., P.C. Profit Sharing Plan v. Hendon concurrence 541 1 2004 Ginsburg majority 2003 term United States Supreme Court opinions of Ruth Bader Ginsburg#Raymond B. Yates, M.D., P.C. Profit Sharing Plan v. Hendon Thomas concurrence 2003 term United States Supreme Court opinions of Clarence Thomas#Raymond B. Yates, M.D., P.C. Profit Sharing Plan v. Hendon Scalia believed that the Court "use[d] a sledgehammer to kill a gnat...The Department [of Revenue]'s interpretive conclusion is certainly reasonable (the Court's lengthy analysis says that it is inevitable); it is therefore binding upon us. I would reverse the judgment of the Sixth Circuit on that basis. The Court's approach, which denies many agency interpretations their conclusive effect and thrusts the courts into authoritative judicial interpretation, deprives administrative agencies of two of their principal virtues: (1) the power to resolve statutory questions promptly, and with nationwide effect, and (2) the power (within the reasonable bounds of the text) to change the application of ambiguous laws as time and experience dictate. The Court's approach invites lengthy litigation in all the circuits--the product of which (when finally announced by this Court) is a rule of law that only Congress can change." 10 Crawford v. Washington majority 541 36 2004 U.S. Const. amend. VI Confrontation Clause Stevens, Kennedy, Souter, Thomas, Ginsburg, Breyer Rehnquist concurrence 2003 term United States Supreme Court opinions of William Rehnquist#Crawford v. Washington The Court ruled that the use in court of out-of-court statements made to police in an investigative capacity violated the Sixth Amendment right to confront accusing witnesses. 11 Cheney v. United States District Court other 540 913 2004 Recusal Scalia declined to recuse himself from a case involving Vice-President Cheney, who had recently provided Scalia with a plane ride to a duck-hunting trip. Scalia remarked that "[i]f it is reasonable to think that a Supreme Court Justice can be bought so cheap, the Nation is in deeper trouble than I had imagined." He also did not believe his friendship with the Vice-President demanded recusal, because Cheney's "personal fortune or personal freedom were not at issue," only his official actions in a "run-of-the-mill legal dispute about an administrative decision." 12 S. Fla. Water Mgmt. Dist. v. Miccosukee Tribe of Indians concurrencedissent 541 95 2004 O'Connor majority 2003 term United States Supreme Court opinions of Sandra Day O'Connor#S. Fla. Water Mgmt. Dist. v. Miccosukee Tribe of Indians Scalia also joined the majority's decision in part. 13 Nixon v. Missouri Municipal League concurrence 541 125 2004 Thomas Souter majority 2003 term United States Supreme Court opinions of David Souter#Nixon v. Missouri Municipal League Stevens dissent 2003 term United States Supreme Court opinions of John Paul Stevens#Nixon v. Missouri Municipal League 14 Engine Mfrs. Ass'n v. S. Coast Air Quality Mgmt. Dist. majority 541 246 2004 Souter dissent 2003 term United States Supreme Court opinions of David Souter#Engine Mfrs. Ass'n v. S. Coast Air Quality Mgmt. Dist. Rehnquist, Stevens, O'Connor, Kennedy, Thomas, Ginsburg, Breyer 15 Vieth v. Jubelirer majority 541 267 2004 Kennedy concurrence 2003 term United States Supreme Court opinions of Anthony Kennedy#Vieth v. Jubelirer Stevens dissent 2003 term United States Supreme Court opinions of John Paul Stevens#Vieth v. Jubelirer Souter dissent 2003 term United States Supreme Court opinions of David Souter#Vieth v. Jubelirer Breyer dissent 2003 term United States Supreme Court opinions of Stephen Breyer#Vieth v. Jubelirer Rehnquist, O'Connor, Thomas 16 Till v. SCS Credit Corp. dissent 541 465 2004 Rehnquist, O'Connor, Kennedy Stevens majority 2003 term United States Supreme Court opinions of John Paul Stevens#Till v. SCS Credit Corp. Thomas concurrence 2003 term United States Supreme Court opinions of Clarence Thomas#Till v. SCS Credit Corp. 17 Tennessee v. Lane dissent 541 509 2004 Sovereign immunity U.S. Const. amend. XI Americans with Disabilities Act Stevens majority 2003 term United States Supreme Court opinions of John Paul Stevens#Tennessee v. Lane Souter concurrence 2003 term United States Supreme Court opinions of David Souter#Tennessee v. Lane Ginsburg concurrence 2003 term United States Supreme Court opinions of Ruth Bader Ginsburg#Tennessee v. Lane Rehnquist dissent 2003 term United States Supreme Court opinions of William Rehnquist#Tennessee v. Lane Thomas dissent 2003 term United States Supreme Court opinions of Clarence Thomas#Tennessee v. Lane 18 Grupo Dataflux v. Atlas Global Group, L.P. majority 541 567 2004 Ginsburg dissent 2003 term United States Supreme Court opinions of Ruth Bader Ginsburg#Grupo Dataflux v. Atlas Global Group, L.P. Rehnquist, O'Connor, Kennedy, Thomas 19 Thornton v. United States concurrence 541 615 2004 Ginsburg Rehnquist majority 2003 term United States Supreme Court opinions of William Rehnquist#Thornton v. United States O'Connor concurrence 2003 term United States Supreme Court opinions of Sandra Day O'Connor#Thornton v. United States Stevens dissent 2003 term United States Supreme Court opinions of John Paul Stevens#Thornton v. United States 20 Republic of Austria v. Altmann concurrence 541 677 2004 Foreign Sovereign Immunities Act Stevens majority 2003 term United States Supreme Court opinions of John Paul Stevens#Republic of Austria v. Altmann Breyer concurrence 2003 term United States Supreme Court opinions of Stephen Breyer#Republic of Austria v. Altmann Kennedy dissent 2003 term United States Supreme Court opinions of Anthony Kennedy#Republic of Austria v. Altmann Scalia also joined Stevens' 6-3 majority opinion. 21 City of Littleton v. Z. J. Gifts D-4, L.L.C. concurrence 541 774 2004 Breyer majority 2003 term United States Supreme Court opinions of Stephen Breyer#City of Littleton v. Z. J. Gifts D-4, L.L.C. Stevens concurrence 2003 term United States Supreme Court opinions of John Paul Stevens#City of Littleton v. Z. J. Gifts D-4, L.L.C. Souter concurrence 2003 term United States Supreme Court opinions of David Souter#City of Littleton v. Z. J. Gifts D-4, L.L.C. 22 Bunting v. Mellen dissent 541 1019 2004 U.S. Const. amend. I Establishment Clause Rehnquist Stevens other 2003 term United States Supreme Court opinions of John Paul Stevens#Bunting v. Mellen Scalia dissented from the denial of certiorari. 23 F. Hoffmann-La Roche Ltd v. Empagran S. A. concurrence 542 155 2004 Thomas Breyer majority 2003 term United States Supreme Court opinions of Stephen Breyer#F. Hoffmann-La Roche Ltd v. Empagran S. A. 24 United States v. Dominguez Benitez concurrence 542 74 2004 Souter majority 2003 term United States Supreme Court opinions of John Paul Stevens#United States v. Dominguez Benitez 25 Norton v. S. Utah Wilderness Alliance majority 542 55 2004 Unanimous 26 Intel Corp. v. Advanced Micro Devices, Inc. concurrence 542 241 2004 Ginsburg majority 2003 term United States Supreme Court opinions of Ruth Bader Ginsburg#Intel Corp. v. Advanced Micro Devices, Inc. Breyer dissent 2003 term United States Supreme Court opinions of Stephen Breyer#Intel Corp. v. Advanced Micro Devices, Inc. 27 Blakely v. Washington majority 542 296 2004 U.S. Const. amend. VI right to jury trial Stevens, Souter, Thomas, Ginsburg O'Connor dissent 2003 term United States Supreme Court opinions of Sandra Day O'Connor#Blakely v. Washington Kennedy dissent 2003 term United States Supreme Court opinions of Anthony Kennedy#Blakely v. Washington Breyer dissent 2003 term United States Supreme Court opinions of Stephen Breyer#Blakely v. Washington Scalia wrote for five justices invalidating criminal sentencing system in which judges were the finders of fact for aggravating factors. O'Connor, Kennedy, and Breyer filed dissents. 28 Schriro v. Summerlin majority 542 348 2004 Rehnquist, O'Connor, Kennedy, Thomas Breyer dissent 2003 term United States Supreme Court opinions of Stephen Breyer#Schriro v. Summerlin 29 Tennard v. Dretke dissent 542 274 2004 O'Connor majority 2003 term United States Supreme Court opinions of Sandra Day O'Connor#Tennard v. Dretke Rehnquist dissent 2003 term United States Supreme Court opinions of William Rehnquist#Tennard v. Dretke Thomas dissent 2003 term United States Supreme Court opinions of Clarence Thomas#Tennard v. Dretke 30 Rasul v. Bush dissent 542 466 2004 Rehnquist, Thomas Stevens majority 2003 term United States Supreme Court opinions of John Paul Stevens#Rasul v. Bush Kennedy concurrence 2003 term United States Supreme Court opinions of Anthony Kennedy#Rasul v. Bush 31 Hamdi v. Rumsfeld dissent 542 507 2004 U.S. Const. amend. V habeas corpus Stevens O'Connor majority 2003 term United States Supreme Court opinions of Sandra Day O'Connor#Hamdi v. Rumsfeld Souter concurrencedissent 2003 term United States Supreme Court opinions of David Souter#Hamdi v. Rumsfeld Thomas dissent 2003 term United States Supreme Court opinions of Clarence Thomas#Hamdi v. Rumsfeld Scalia wrote that if habeas corpus has not been suspended by Congress, U.S. citizens must be tried in ordinary criminal courts. He believed the plurality was misguided in attempting to fashion alternative procedures that might comply with due process, because the role of the Court was simply to declare that the procedures at issue were unconstitutional. 32 Ashcroft v. American Civil Liberties Union dissent 542 656 2004 Kennedy majority 2003 term United States Supreme Court opinions of Anthony Kennedy#Ashcroft v. American Civil Liberties Union Stevens concurrence 2003 term United States Supreme Court opinions of John Paul Stevens#Ashcroft v. American Civil Liberties Union Breyer dissent 2003 term United States Supreme Court opinions of Stephen Breyer#Ashcroft v. American Civil Liberties Union 33 Sosa v. Alvarez-Machain concurrence 542 692 2004 Rehnquist, Thomas Souter majority 2003 term United States Supreme Court opinions of John Paul Stevens#Sosa v. Alvarez-Machain Ginsburg concurrence 2003 term United States Supreme Court opinions of Ruth Bader Ginsburg#Sosa v. Alvarez-Machain Breyer concurrence 2003 term United States Supreme Court opinions of Stephen Breyer#Sosa v. Alvarez-Machain Scalia concurred in part and concurred in the judgment. 34 Cox v. Larios dissent 542 947 2004 Legislative redistricting Stevens concurrence 2003 term United States Supreme Court opinions of John Paul Stevens#Cox v. Larios Scalia dissented from the Court's summary affirmance.