2009 term United States Supreme Court opinions of John Paul Stevens

none February 2026 September 2023 John Paul Stevens File:John Paul Stevens, SCOTUS photo portrait.jpg 2009 thirty-fifth June 29, 2010 October 5, 2009 October 3, 2010 6 13 2 13 3 33 4 0 1 Ginsburg, Sotomayor (8) Scalia, Thomas (4) https://www.supremecourt.gov/opinions/slipopinion/09 https://www.supremecourt.gov/opinions/relatingtoorders/09 https://www.supremecourt.gov/opinions/in-chambers/09 October 4, 2010 John Paul Stevens opinions SCOTUSterm2009-2010 01 Wong v. Belmontes concurrence 558 15 2009 Sixth Amendment ineffective assistance of counsel death penalty jury instructions majority per curiam 2009 term per curiam opinions of the Supreme Court of the United States#Wong v. Belmontes 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." 02 Michigan v. Fisher dissent 558 45 2009 Fourth Amendment emergency aid exception Sotomayor majority per curiam 2009 term per curiam opinions of the Supreme Court of the United States#Michigan v. Fisher 03 Alvarez v. Smith concurrencedissent 558 87 2009 Case or Controversy Clause mootness majority Breyer 2009 term United States Supreme Court opinions of Stephen Breyer#Alvarez v. Smith 04 Smith v. Spisak concurrence 558 139 2010 Eighth Amendment death penalty jury instructions on mitigation Sixth Amendment ineffective assistance of counsel majority Breyer 2009 term United States Supreme Court opinions of Stephen Breyer#Smith v. Spisak 05 NRG Power Marketing, LLC v. Maine Pub. Util. Comm'n dissent 558 165 2010 Federal Power Act presumption of reasonable electricity rates under wholesale energy contracts majority Ginsburg 2009 term United States Supreme Court opinions of Ruth Bader Ginsburg#NRG Power Marketing, LLC v. Maine Pub. Util. Comm'n 06 Wood v. Allen dissent 558 290 2010 habeas corpus Sixth Amendment ineffective assistance of counsel Kennedy majority Sotomayor 2009 term United States Supreme Court opinions of Sonia Sotomayor#Wood v. Allen 07 Citizens United v. Federal Election Comm'n concurrencedissent 558 310 2010 campaign finance reform Bipartisan Campaign Reform Act of 2002 First Amendment free speech corporate speech Ginsburg, Breyer, Sotomayor majority Kennedy 2009 term United States Supreme Court opinions of Anthony Kennedy#Citizens United v. Federal Election Comm'n concurrence Roberts 2009 term United States Supreme Court opinions of John Roberts#Citizens United v. Federal Election Comm'n concurrence Scalia 2009 term United States Supreme Court opinions of Antonin Scalia#Citizens United v. Federal Election Comm'n concurrencedissent Thomas 2009 term United States Supreme Court opinions of Clarence Thomas#Citizens United v. Federal Election Comm'n 08 United States v. Seale other 558 985 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 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." 09 Muhammad v. Kelly other 558 1019 2009 death penalty staying executions Ginsburg, Sotomayor Stevens filed a statement respecting the Court's denial of a stay of execution, and denial of the petition for certiorari. 10 Johnson v. Bredesen other 558 1067 2009 Eighth Amendment death penalty Breyer concurrence Thomas 2009 term United States Supreme Court opinions of Clarence Thomas#Johnson v. Bredesen Stevens filed a statement respecting the Court's denial of certiorari and a stay of execution. 11 Florida v. Powell dissent 559 50 2010 Fifth Amendment Miranda warning adequate and independent state ground doctrine Breyer (in part) majority Ginsburg 2009 term United States Supreme Court opinions of Ruth Bader Ginsburg#Florida v. Powell 12 Maryland v. Shatzer concurrence 559 98 2010 Fifth Amendment Miranda rights release to general prison population as break in custody majority Scalia 2009 term United States Supreme Court opinions of Antonin Scalia#Maryland v. Shatzer concurrence Thomas 2009 term United States Supreme Court opinions of Clarence Thomas#Maryland v. Shatzer 13 Graham County Soil and Water Conservation Dist. v. United States ex rel. Wilson majority 559 280 2010 False Claims Act bar on qui tam suits based on publicly disclosed allegations Roberts, Kennedy, Thomas, Ginsburg, Alito; Scalia (in part) concurrence Scalia 2009 term United States Supreme Court opinions of Antonin Scalia#Graham County Soil and Water Conservation Dist. v. United States ex rel. Wilson dissent Sotomayor 2009 term United States Supreme Court opinions of Sonia Sotomayor#Graham County Soil and Water Conservation Dist. v. United States ex rel. Wilson 14 Padilla v. Kentucky majority 559 356 2010 Sixth Amendment ineffective assistance of counsel legal advice on deportation as consequence of conviction Kennedy, Breyer, Ginsburg, Sotomayor concurrence Alito 2009 term United States Supreme Court opinions of Samuel Alito#Padilla v. Kentucky dissent Scalia 2009 term United States Supreme Court opinions of Antonin Scalia#Padilla v. Kentucky 15 Shady Grove Orthopedic Associates, P. A. v. Allstate Ins. Co. concurrence 559 393 2010 class actions state rule conflict with Federal Rules of Civil Procedure Rules Enabling Act majority Scalia 2009 term United States Supreme Court opinions of Antonin Scalia#Shady Grove Orthopedic Associates, P. A. v. Allstate Ins. Co. dissent Ginsburg 2009 term United States Supreme Court opinions of Ruth Bader Ginsburg#Shady Grove Orthopedic Associates, P. A. v. Allstate Ins. Co. 16 Merck & Co. v. Reynolds concurrence 559 633 2010 Securities Exchange Act of 1934 securities fraud statute of limitations discovery rule and scienter majority Breyer 2009 term United States Supreme Court opinions of Stephen Breyer#Merck & Co. v. Reynolds concurrence Scalia 2009 term United States Supreme Court opinions of Antonin Scalia#Merck & Co. v. Reynolds 17 Salazar v. Buono dissent 559 700 2010 Article III standing First Amendment Establishment Clause display of religious symbol on government land land transfer from government to private owner Ginsburg, Sotomayor plurality Kennedy 2009 term United States Supreme Court opinions of Anthony Kennedy#Salazar v. Buono concurrence Roberts 2009 term United States Supreme Court opinions of John Roberts#Salazar v. Buono concurrence Scalia 2009 term United States Supreme Court opinions of Antonin Scalia#Salazar v. Buono concurrence Alito 2009 term United States Supreme Court opinions of Samuel Alito#Salazar v. Buono dissent Breyer 2009 term United States Supreme Court opinions of Stephen Breyer#Salazar v. Buono 18 Renico v. Lett dissent 559 766 2010 Fifth Amendment Double Jeopardy Clause retrial after mistrial Sotomayor; Breyer (in part) majority Roberts 2009 term United States Supreme Court opinions of John Roberts#Renico v. Lett 19 Florida v. Rigterink dissent 559 965 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. 20 Abbott v. Abbott dissent 560 1 2010 Hague Convention on the Civil Aspects of International Child Abduction International Child Abduction Remedies Act ne exeat right as right of custody Thomas, Breyer majority Kennedy 2009 term United States Supreme Court opinions of Anthony Kennedy#Abbott v. Abbott 21 Graham v. Florida concurrence 560 48 2010 Eighth Amendment cruel and unusual punishment sentencing of juveniles to life imprisonment for nonhomicide crimes Ginsburg, Sotomayor majority Kennedy 2009 term United States Supreme Court opinions of Anthony Kennedy#Graham v. Florida concurrence Roberts 2009 term United States Supreme Court opinions of John Roberts#Graham v. Florida dissent Thomas 2009 term United States Supreme Court opinions of Clarence Thomas#Graham v. Florida dissent Alito 2009 term United States Supreme Court opinions of Samuel Alito#Graham v. Florida 22 American Needle, Inc. v. National Football League majority 560 183 2010 antitrust law National Football League team intellectual property licensing concerted action Rule of Reason Unanimous 23 United States v. O'Brien (2010) United States v. O'Brien concurrence 560 218 2010 use of machine gun in federal crime as element or sentencing factor majority Kennedy 2009 term United States Supreme Court opinions of Anthony Kennedy#United States v. O'Brien concurrence Thomas 2009 term United States Supreme Court opinions of Clarence Thomas#United States v. O'Brien 24 Hardt v. Reliance Standard Life Ins. Co. concurrence 560 242 2010 Employee Retirement Income Security Act of 1974 award of attorney's fees majority Thomas 2009 term United States Supreme Court opinions of Clarence Thomas#Hardt v. Reliance Standard Life Ins. Co. 25 United States v. Marcus dissent 560 258 2010 plain error standard of review Ex Post Facto Clause Trafficking Victims Protection Act of 2000 majority Breyer 2009 term United States Supreme Court opinions of Stephen Breyer#United States v. Marcus 26 Samantar v. Yousuf majority 560 305 2010 Foreign Sovereign Immunities Act immunity for officials of foreign states Roberts, Kennedy, Ginsburg, Breyer, Alito, Sotomayor concurrence Scalia 2009 term United States Supreme Court opinions of Antonin Scalia#Samantar v. Yousuf concurrence Thomas 2009 term United States Supreme Court opinions of Clarence Thomas#Samantar v. Yousuf concurrence Alito 2009 term United States Supreme Court opinions of Samuel Alito#Samantar v. Yousuf 27 Carachuri-Rosendo v. Holder majority 560 563 2010 Immigration and Nationality Act discretionary cancellation of removal proceedings drug possession as aggravated felony Roberts, Kennedy, Ginsburg, Breyer, Alito, Sotomayor concurrence Scalia 2009 term United States Supreme Court opinions of Antonin Scalia#Carachuri-Rosendo v. Holder concurrence Thomas 2009 term United States Supreme Court opinions of Clarence Thomas#Carachuri-Rosendo v. Holder 28 New Process Steel, L. P. v. NLRB majority 560 674 2010 Taft-Hartley Act National Labor Relations Board delegation of powers to groups of members Roberts, Scalia, Thomas, Alito dissent Kennedy 2009 term United States Supreme Court opinions of Anthony Kennedy#New Process Steel, L. P. v. NLRB 29 Ontario v. Quon concurrence 560 746 2010 Fourth Amendment government review of employee text messages majority Kennedy 2009 term United States Supreme Court opinions of Anthony Kennedy#Ontario v. Quon concurrence Scalia 2009 term United States Supreme Court opinions of Antonin Scalia#Ontario v. Quon 30 Dillon v. United States dissent 560 817 2010 United States Federal Sentencing Guidelines sentence reduction possession of crack cocaine majority Sotomayor 2009 term United States Supreme Court opinions of Sonia Sotomayor#Dillon v. United States 31 Rent-A-Center, West, Inc. v. Jackson dissent 561 63 2010 Federal Arbitration Act challenge to enforceability of arbitration agreement Ginsburg, Breyer, Sotomayor majority Scalia 2009 term United States Supreme Court opinions of Antonin Scalia#Rent-A-Center, West, Inc. v. Jackson 32 Monsanto Co. v. Geertson Seed Farms dissent 561 139 2010 Plant Protection Act deregulation of genetically modified plants Article III standing majority Alito 2009 term United States Supreme Court opinions of Samuel Alito#Monsanto Co. v. Geertson Seed Farms 33 Doe v. Reed concurrence 561 186 2010 public disclosure of referendum petitions First Amendment free speech Breyer majority Roberts 2009 term United States Supreme Court opinions of John Roberts#Doe v. Reed concurrence Scalia 2009 term United States Supreme Court opinions of Antonin Scalia#Doe v. Reed concurrence Breyer 2009 term United States Supreme Court opinions of Stephen Breyer#Doe v. Reed concurrence Alito 2009 term United States Supreme Court opinions of Samuel Alito#Doe v. Reed concurrence Sotomayor 2009 term United States Supreme Court opinions of Sonia Sotomayor#Doe v. Reed dissent Thomas 2009 term United States Supreme Court opinions of Clarence Thomas#Doe v. Reed 34 Morrison v. National Australia Bank Ltd. concurrence 561 247 2010 Securities and Exchange Act of 1934 SEC Rule 10b-5 extraterritorial application Ginsburg majority Scalia 2009 term United States Supreme Court opinions of Antonin Scalia#Morrison v. National Australia Bank Ltd. concurrence Breyer 2009 term United States Supreme Court opinions of Stephen Breyer#Morrison v. National Australia Bank Ltd. 35 Bilski v. Kappos concurrence 561 593 2010 patent law patentability of business method Ginsburg, Breyer, Sotomayor majority Kennedy 2009 term United States Supreme Court opinions of Anthony Kennedy#Bilski v. Kappos concurrence Breyer 2009 term United States Supreme Court opinions of Stephen Breyer#Bilski v. Kappos 36 Christian Legal Soc. Chapter of Univ. of Cal., Hastings College of Law v. Martinez concurrence 561 661 2010 nondiscrimination policy for university student organizations First Amendment free speech public forum doctrine majority Ginsburg 2009 term United States Supreme Court opinions of Ruth Bader Ginsburg#Christian Legal Soc. Chapter of Univ. of Cal., Hastings College of Law v. Martinez concurrence Kennedy 2009 term United States Supreme Court opinions of Anthony Kennedy#Christian Legal Soc. Chapter of Univ. of Cal., Hastings College of Law v. Martinez dissent Alito 2009 term United States Supreme Court opinions of Samuel Alito#Christian Legal Soc. Chapter of Univ. of Cal., Hastings College of Law v. Martinez 37 McDonald v. City of Chicago McDonald v. Chicago dissent 561 742 2010 Second Amendment Fourteenth Amendment Incorporation Doctrine gun control majority Alito 2009 term United States Supreme Court opinions of Samuel Alito#McDonald v. Chicago concurrence Scalia 2009 term United States Supreme Court opinions of Antonin Scalia#McDonald v. Chicago concurrence Thomas 2009 term United States Supreme Court opinions of Clarence Thomas#McDonald v. Chicago dissent Breyer 2009 term United States Supreme Court opinions of Stephen Breyer#McDonald v. Chicago