2010 term United States Supreme Court opinions of Antonin Scalia

none February 2026 September 2023 Antonin Scalia File:Antonin Scalia, SCOTUS photo portrait.jpg 2010 twenty-fifth October 4, 2010 October 1, 2011 10 11 1 9 0 28 3 0 1 Thomas (15) Kagan (4) https://www.supremecourt.gov/opinions/slipopinion/10 https://www.supremecourt.gov/opinions/relatingtoorders/10 https://www.supremecourt.gov/opinions/in-chambers/10 October 2, 2011 Antonin Scalia opinions SCOTUSterm2010-2015 01 Ransom v. FIA Card Services, N. A. dissent 562 61 2011 Chapter 13 Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 means test Ransom v. FIA Card Services, N. A./Dissent Scalia Kagan majority 2010 term United States Supreme Court opinions of Elena Kagan#Ransom v. FIA Card Services, N. A. Scalia dissented from the Court's opinion holding that a car ownership cost income exemption for Chapter 13 debtors was only available to car owners who made lease or loan payments. The relevant bankruptcy provision incorporated certain cost tables prepared by the IRS as part of the Chapter 13 means test for determining how much income debtors had available to repay creditors. Scalia believed that the statutory phrase "applicable monthly expense amounts" simply directed courts, in this instance, to look at the table column corresponding to how many cars the debtor owned, not to examine whether the debtor actually had real costs of that kind. He also disagreed with the Court's use, in aid of its interpretation, of IRS materials that were supplemental to the tables because the bankruptcy statutes did not incorporate or reference those materials in any way. 02 NASA v. Nelson concurrence 562 134 2011 background check of prospective federal employees informational privacy Privacy Act of 1974 Thomas Alito majority 2010 term United States Supreme Court opinions of Samuel Alito#NASA v. Nelson Thomas concurrence 2010 term United States Supreme Court opinions of Clarence Thomas#NASA v. Nelson 03 Thompson v. North American Stainless, LP majority 562 170 2011 Title VII employer retaliation against third-party Roberts, Kennedy, Thomas, Ginsburg, Breyer, Alito, Sotomayor Ginsburg concurrence 2010 term United States Supreme Court opinions of Ruth Bader Ginsburg#Thompson v. North American Stainless, LP 04 Bruesewitz v. Wyeth LLC majority 562 223 2011 National Childhood Vaccine Injury Act of 1986 state law design defect claims federal preemption Roberts, Kennedy, Thomas, Breyer, Alito Breyer concurrence 2010 term United States Supreme Court opinions of Stephen Breyer#Bruesewitz v. Wyeth LLC Sotomayor dissent 2010 term United States Supreme Court opinions of Sonia Sotomayor#Bruesewitz v. Wyeth LLC 05 Michigan v. Bryant dissent 562 344 2011 Sixth Amendment Confrontation Clause hearsay exception for statements to help police address ongoing emergency Sotomayor majority 2010 term United States Supreme Court opinions of Sonia Sotomayor#Michigan v. Bryant Thomas concurrence 2010 term United States Supreme Court opinions of Clarence Thomas#Michigan v. Bryant Ginsburg dissent 2010 term United States Supreme Court opinions of Ruth Bader Ginsburg#Michigan v. Bryant 06 Staub v. Proctor Hospital majority 562 411 2011 Uniformed Services Employment and Reemployment Rights Act of 1994 influence of prior discrimination on subsequent decisionmaker Roberts, Kennedy, Ginsburg, Breyer, Sotomayor Alito concurrence 2010 term United States Supreme Court opinions of Samuel Alito#Staub v. Proctor Hospital 07 Wall v. Kholi concurrence 562 545 2011 Antiterrorism and Effective Death Penalty Act of 1996 tolling of habeas corpus statute of limitations motion to reduce sentence as application for collateral review Alito majority 2010 term United States Supreme Court opinions of Samuel Alito#Wall v. Kholi 08 Allen v. Lawhorn dissent 562 1118 2010 Allen v. Lawhorn/Dissent Scalia Antiterrorism and Effective Death Penalty Act Sixth Amendment ineffective assistance of counsel Thomas, Alito Scalia dissented from the Court's denial of certiorari, where the Eleventh Circuit had set aside a death sentence because the defense attorney did not give a closing argument at sentencing. Scalia believed the Eleventh Circuit failed to properly find that the omission of a closing argument was prejudicial and failed to comply with AEDPA by giving the necessary deference to the state court's judgment. In conclusion, Scalia wrote that "I would not dissent from denial of certiorari if what happened here were an isolated judicial error. It is not. With distressing frequency, especially in capital cases such as this, federal judges refuse to be governed by Congress's command [under AEDPA]...We invite continued lawlessness when we permit a patently improper interference with state justice such as that which occurred in this case to stand." 09 Kasten v. Saint-Gobain Performance Plastics Corp. dissent 563 1 2011 Fair Labor Standards Act of 1938 antiretaliation provision oral intracompany complaints Thomas (in part) Breyer majority 2010 term United States Supreme Court opinions of Stephen Breyer#Kasten v. Saint-Gobain Performance Plastics Corp. 10 Connick v. Thompson concurrence 563 51 2011 single violation as basis for Section 1983 claim failure to make Brady disclosure failure to train prosecutors Alito Thomas majority 2010 term United States Supreme Court opinions of Clarence Thomas#Connick v. Thompson Ginsburg dissent 2010 term United States Supreme Court opinions of Ruth Bader Ginsburg#Connick v. Thompson 11 Arizona Christian School Tuition Organization v. Winn concurrence 563 125 2011 First Amendment Establishment Clause taxpayer standing Thomas Kennedy majority 2010 term United States Supreme Court opinions of Anthony Kennedy#Arizona Christian School Tuition Organization v. Winn Kagan dissent 2010 term United States Supreme Court opinions of Elena Kagan#Arizona Christian School Tuition Organization v. Winn 12 Virginia Office for Protection and Advocacy v. Stewart majority 563 247 2011 Eleventh Amendment sovereign immunity federal action by state agency against state officials for federal law violation Supremacy Clause Developmental Disabilities Assistance and Bill of Rights Act of 2000 Protection and Advocacy for Individuals with Mental Illness Act Kennedy, Thomas, Ginsburg, Breyer, Sotomayor Kennedy concurrence 2010 term United States Supreme Court opinions of Anthony Kennedy#Virginia Office for Protection and Advocacy v. Stewart Roberts dissent 2010 term United States Supreme Court opinions of John Roberts#Virginia Office for Protection and Advocacy v. Stewart 13 AT&T Mobility LLC v. Concepcion majority 563 333 2011 Federal Arbitration Act federal preemption class actions Roberts, Kennedy, Thomas, Alito Thomas concurrence 2010 term United States Supreme Court opinions of Clarence Thomas#AT&T Mobility LLC v. Concepcion Breyer dissent 2010 term United States Supreme Court opinions of Stephen Breyer#AT&T Mobility LLC v. Concepcion 14 Montana v. Wyoming dissent 563 368 2011 Yellowstone River Compact water law change in irrigation methods reducing downstream flow doctrine of appropriation doctrine of recapture Thomas majority 2010 term United States Supreme Court opinions of Clarence Thomas#Montana v. Wyoming 15 CIGNA Corp. v. Amara concurrence 563 421 2011 ERISA failure to provide proper notice of plan changes court authority to reform plan as equitable relief Thomas Breyer majority 2010 term United States Supreme Court opinions of Stephen Breyer#CIGNA Corp. v. Amara 16 General Dynamics Corp. v. United States majority 563 478 2011 state secrets privilege superior knowledge doctrine remedy for dismissal of military contractor's affirmative defense Unanimous 17 Brown v. Plata dissent 563 493 2011 Prison Litigation Reform Act of 1995 Eighth Amendment prison overcrowding Thomas Kennedy majority 2010 term United States Supreme Court opinions of Anthony Kennedy#Brown v. Plata Alito dissent 2010 term United States Supreme Court opinions of Samuel Alito#Brown v. Plata 18 United States v. Tinklenberg concurrence 563 647 2011 Speedy Trial Act of 1974 effect of pretrial motions on delay Roberts, Thomas Breyer majority 2010 term United States Supreme Court opinions of Stephen Breyer#United States v. Tinklenberg 19 Fowler v. United States concurrence 563 668 2011 federal witness tampering crime likelihood victim was intending to communicate with federal officer Breyer majority 2010 term United States Supreme Court opinions of Stephen Breyer#Fowler v. United States Alito dissent 2010 term United States Supreme Court opinions of Samuel Alito#Fowler v. United States 20 Camreta v. Greene concurrence 563 692 2011 Article III Case or Controversy Clause standing review of constitutional issue on appeal from defendant with qualified immunity mootness Kagan majority 2010 term United States Supreme Court opinions of Elena Kagan#Camreta v. Greene Sotomayor concurrence 2010 term United States Supreme Court opinions of Sonia Sotomayor#Camreta v. Greene Kennedy dissent 2010 term United States Supreme Court opinions of Anthony Kennedy#Camreta v. Greene 21 Ashcroft v. al-Kidd majority 563 731 2011 material witness arrest of terrorism suspects pretextual motivation Fourth Amendment qualified immunity Roberts, Kennedy, Thomas, Alito Kennedy concurrence 2010 term United States Supreme Court opinions of Anthony Kennedy#Ashcroft v. al-Kidd Ginsburg concurrence 2010 term United States Supreme Court opinions of Ruth Bader Ginsburg#Ashcroft v. al-Kidd Sotomayor concurrence 2010 term United States Supreme Court opinions of Sonia Sotomayor#Ashcroft v. al-Kidd 22 Sykes v. United States dissent 564 1 2011 Armed Career Criminal Act felony vehicle flight as predicate offense under residual clause void for vagueness Kennedy majority 2010 term United States Supreme Court opinions of Anthony Kennedy#Sykes v. United States Thomas concurrence 2010 term United States Supreme Court opinions of Clarence Thomas#Sykes v. United States Kagan dissent 2010 term United States Supreme Court opinions of Elena Kagan#Sykes v. United States 23 Talk America, Inc. v. Michigan Bell Telephone Co. concurrence 564 50 2011 Telecommunications Act of 1996 incumbent local exchange carrier interconnection duty entrance facility as part of network deference to agency interpretation of agency rule Thomas majority 2010 term United States Supreme Court opinions of Clarence Thomas#Talk America, Inc. v. Michigan Bell Telephone Co. 24 DePierre v. United States concurrence 564 70 2011 Anti-Drug Abuse Act of 1986 sentence enhancement for "cocaine base" reliance on legislative history Sotomayor majority 2010 term United States Supreme Court opinions of Sonia Sotomayor#DePierre v. United States 25 Nevada Comm'n on Ethics v. Carrigan majority 564 117 2011 vote recusal of state legislator with conflict of interest First Amendment overbreadth doctrine Roberts, Kennedy, Thomas, Ginsburg, Breyer, Sotomayor, Kagan Kennedy concurrence 2010 term United States Supreme Court opinions of Anthony Kennedy#Nevada Comm'n on Ethics v. Carrigan Alito concurrence 2010 term United States Supreme Court opinions of Samuel Alito#Nevada Comm'n on Ethics v. Carrigan 26 Wal-Mart Stores, Inc. v. Dukes majority 564 338 2011 Title VII class certification Roberts, Kennedy, Thomas, Alito; Ginsburg, Breyer, Sotomayor, Kagan (in part) Ginsburg concurrencedissent 2010 term United States Supreme Court opinions of Ruth Bader Ginsburg#Wal-Mart Stores, Inc. v. Dukes 27 Borough of Duryea v. Guarnieri concurrencedissent 564 379 2011 employer retaliation First Amendment public employee speech Petition Clause Kennedy majority 2010 term United States Supreme Court opinions of Anthony Kennedy#Borough of Duryea v. Guarnieri Thomas concurrence 2010 term United States Supreme Court opinions of Clarence Thomas#Borough of Duryea v. Guarnieri 28 Stern v. Marshall concurrence 564 462 2011 Article III bankruptcy court authority to decide state law counterclaim Roberts majority 2010 term United States Supreme Court opinions of John Roberts#Stern v. Marshall Breyer dissent 2010 term United States Supreme Court opinions of Stephen Breyer#Stern v. Marshall 29 Brown v. Entertainment Merchants Assn. majority 564 786 2011 First Amendment freedom of speech restriction on sale of violent video games to minors Kennedy, Ginsburg, Sotomayor, Kagan Alito concurrence 2010 term United States Supreme Court opinions of Samuel Alito#Brown v. Entertainment Merchants Assn. Thomas dissent 2010 term United States Supreme Court opinions of Clarence Thomas#Brown v. Entertainment Merchants Assn. Breyer dissent 2010 term United States Supreme Court opinions of Stephen Breyer#Brown v. Entertainment Merchants Assn. 30 Derby v. United States dissent 564 1047 2011 Armed Career Criminal Act Scalia dissented from the Court's denial of certiorari in four cases involving the "residual provision" of the Armed Career Criminal Act. 31 Beer v. United States dissent 564 1050 2011 Scalia dissented from the Court's grant of certiorari, vacatur of the lower court's judgment, and remand. Scalia noted that he would grant cert. and instead set the case for argument.