2011 term United States Supreme Court opinions of Antonin Scalia

none February 2026 September 2023 Antonin Scalia File:Antonin Scalia, SCOTUS photo portrait.jpg 2011 twenty-sixth October 3, 2011 September 30, 2012 8 4 1 10 0 22 1 0 3 Thomas (15) Kennedy, Ginsburg, Breyer, Kagan (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 Antonin Scalia opinions SCOTUSterm2010-2015 01 Greene v. Fisher majority 565 34 35–41 2011 Greene v. Fisher/Opinion of the Court Antiterrorism and Effective Death Penalty Act clearly established Federal law Unanimous Scalia's opinion for the Court interpreted AEDPA's requirement that a federal court can only grant a habeas corpus petition to set aside a state court conviction if the conviction results in a decision "contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States." The Court ruled that "clearly established Federal law" does not include Supreme Court decisions that are announced after the last adjudication of the merits in state court but before the defendant's conviction becomes final. 02 CompuCredit Corp. v. Greenwood majority 565 95 96–108 2012 Federal Arbitration Act Credit Repair Organizations Act Roberts, Kennedy, Thomas, Breyer, Alito Sotomayor concurrence 2011 term United States Supreme Court opinions of Sonia Sotomayor#CompuCredit Corp. v. Greenwood Ginsburg dissent 2011 term United States Supreme Court opinions of Ruth Bader Ginsburg#CompuCredit Corp. v. Greenwood 03 Minneci v. Pollard concurrence 565 118 131–32 2012 Eighth Amendment cruel and unusual punishment privately-run prison adequate alternative causes of action under state tort law Thomas Breyer majority 2011 term United States Supreme Court opinions of Stephen Breyer#Minneci v. Pollard Ginsburg dissent 2011 term United States Supreme Court opinions of Ruth Bader Ginsburg#Minneci v. Pollard 04 Gonzalez v. Thaler dissent 565 134 154–70 2012 Antiterrorism and Effective Death Penalty Act of 1996 habeas corpus statute of limitations Sotomayor majority 2011 term United States Supreme Court opinions of Sonia Sotomayor#Gonzalez v. Thaler 05 Pacific Operators Offshore, LLP v. Valladolid concurrence 565 207 2012 Outer Continental Shelf Lands Act Longshore and Harbor Workers' Compensation Act coverage of injury occurring on land Alito Thomas majority 2011 term United States Supreme Court opinions of Clarence Thomas#Pacific Operators Offshore, LLP v. Valladolid 06 Maples v. Thomas dissent 565 266 2012 habeas corpus excusable procedural default abandonment by counsel Thomas Ginsburg majority 2011 term United States Supreme Court opinions of Ruth Bader Ginsburg#Maples v. Thomas Alito concurrence 2011 term United States Supreme Court opinions of Samuel Alito#Maples v. Thomas 07 United States v. Jones (2012) United States v. Jones majority 565 400 2012 Fourth Amendment GPS tracking of suspect's vehicle Roberts, Kennedy, Thomas, Sotomayor Alito concurrence 2011 term United States Supreme Court opinions of Samuel Alito#United States v. Jones Sotomayor concurrence 2011 term United States Supreme Court opinions of Sonia Sotomayor#United States v. Jones 08 Reynolds v. United States (2012) Reynolds v. United States dissent 565 432 2012 Sex Offender Registration and Notification Act applicability to pre-Act offenders Ginsburg Breyer majority 2011 term United States Supreme Court opinions of Stephen Breyer#Reynolds v. United States 09 Cash v. Maxwell dissent 565 1038 2012 Cash v. Maxwell/Dissent Scalia Antiterrorism and Effective Death Penalty Act due process false testimony jailhouse informants Alito Sotomayor other 2011 term United States Supreme Court opinions of Sonia Sotomayor#Cash v. Maxwell Scalia dissented from the Court's denial of certiorari, of a Ninth Circuit decision that set aside two murder convictions on the finding that there was significant evidence that a jailhouse informant had lied regarding the defendant's confession. Scalia believed this evidence was circumstantial, as it regarded the informant's lying regarding other matters at the trial and in subsequent unrelated trials, which even the Ninth Circuit acknowledged did not determine that he necessarily lied regarding the confession in this trial. Scalia wrote that this evidence "might permit, but by no means compels, the conclusion that Storch [the informant] fabricated Maxwell's admission," which meant that under AEDPA the convictions should have stood because "[t]he only factual determination necessary to support the California court's decision was that Maxwell had not established that Storch lied." Scalia also took issue with the Ninth Circuit's holding that the use of false testimony violated the Fourteenth Amendment's Due Process Clause, whether or not the prosecution knew it was false. "We have never held that, and are unlikely ever to do so." Scalia closed his opinion with a general note of criticism regarding the Ninth Circuit: "It is a regrettable reality that some federal judges like to second-guess state courts. The only way this Court can ensure observance of Congress's abridgement of their habeas power is to perform the unaccustomed task of reviewing utterly fact-bound decisions that present no disputed issues of law. We have often not shrunk from that task, which we have found particularly needful with regard to decisions of the Ninth Circuit... Today we have shrunk, letting stand a judgment that once again deprives California courts of that control over the State's administration of criminal justice which federal law assures." 10 Martinez v. Ryan dissent 566 1 2012 Sixth Amendment ineffective assistance of counsel habeas corpus procedural default of claim required to be raised in state collateral review Thomas Kennedy majority 2011 term United States Supreme Court opinions of Anthony Kennedy#Martinez v. Ryan 11 Coleman v. Court of Appeals of Md. concurrence 566 30 2012 Family and Medical Leave Act of 1993 self-care provision Fourteenth Amendment abrogation of state sovereign immunity Kennedy majority 2011 term United States Supreme Court opinions of Anthony Kennedy#Coleman v. Court of Appeals of Md. Thomas concurrence 2011 term United States Supreme Court opinions of Clarence Thomas#Coleman v. Court of Appeals of Md. Ginsburg dissent 2011 term United States Supreme Court opinions of Ruth Bader Ginsburg#Coleman v. Court of Appeals of Md. 12 Sackett v. Environmental Protection Agency (2012) Sackett v. EPA majority 566 120 2012 Clean Water Act discharge of pollutants into navigable waters finality of EPA compliance order under Administrative Procedure Act Unanimous Ginsburg concurrence 2011 term United States Supreme Court opinions of Ruth Bader Ginsburg#Sackett v. EPA Alito concurrence 2011 term United States Supreme Court opinions of Samuel Alito#Sackett v. EPA 13 Missouri v. Frye dissent 566 134 2012 Sixth Amendment ineffective assistance of counsel failure to inform defendant of plea bargain offer Roberts, Thomas, Alito Kennedy majority 2011 term United States Supreme Court opinions of Anthony Kennedy#Missouri v. Frye 14 Lafler v. Cooper dissent 566 156 2012 ineffective assistance of counsel rejection of plea bargain as prejudice Thomas; Roberts (in part) Kennedy majority 2011 term United States Supreme Court opinions of Anthony Kennedy#Lafler v. Cooper Alito dissent 2011 term United States Supreme Court opinions of Samuel Alito#Lafler v. Cooper 15 Credit Suisse Securities (USA) LLC v. Simmonds majority 566 221 2012 Securities Exchange Act of 1934 corporate action against insider trading statute of limitations equitable tolling Kennedy, Thomas, Ginsburg, Breyer, Alito, Sotomayor, Kagan 16 Setser v. United States majority 566 231 2012 Sentencing Reform Act of 1984 federal court discretion to order consecutive or concurrent sentences in anticipation of state court sentence Roberts, Thomas, Alito, Sotomayor, Kagan Breyer dissent 2011 term United States Supreme Court opinions of Stephen Breyer#Setser v. United States 17 Vartelas v. Holder dissent 566 257 2012 Illegal Immigration Reform and Immigrant Responsibility Act of 1996 effect of conviction on lawful permanent resident seeking reentry antiretroactivity principle Thomas, Alito Ginsburg majority 2011 term United States Supreme Court opinions of Ruth Bader Ginsburg#Vartelas v. Holder 18 United States v. Home Concrete & Supply, LLC concurrence 566 478 2012 Internal Revenue Code of 1954 overstatement of basis in property statute of limitations for tax deficiency Breyer majority 2011 term United States Supreme Court opinions of Stephen Breyer#United States v. Home Concrete & Supply, LLC Kennedy dissent 2011 term United States Supreme Court opinions of Anthony Kennedy#United States v. Home Concrete & Supply, LLC 19 Freeman v. Quicken Loans, Inc. majority 566 624 2012 Real Estate Settlement Procedures Act applicability in absence of fee splitting Unanimous 20 RadLAX Gateway Hotel, LLC v. Amalgamated Bank majority 566 639 2012 bankruptcy Chapter 11 cram down reorganization plan credit-bidding by secured creditor at asset auction Roberts, Thomas, Ginsburg, Breyer, Alito, Sotomayor, Kagan 21 Dorsey v. United States dissent 567 260 2012 Anti-Drug Abuse Act of 1986 Fair Sentencing Act mandatory minimum setencing applicability of post-Act sentencing to pre-Act offenders Roberts, Thomas, Alito Breyer majority 2011 term United States Supreme Court opinions of Stephen Breyer#Dorsey v. United States 22 Arizona v. United States concurrencedissent 567 387 2012 immigration federal preemption Arizona SB 1070 Kennedy majority 2011 term United States Supreme Court opinions of Anthony Kennedy#Arizona v. United States Thomas concurrencedissent 2011 term United States Supreme Court opinions of Clarence Thomas#Arizona v. United States Alito concurrencedissent 2011 term United States Supreme Court opinions of Samuel Alito#Arizona v. United States 23 National Federation of Independent Business v. Sebelius dissent 567 519 2012 Patient Protection and Affordable Care Act individual mandate Anti-Injunction Act Commerce Clause Necessary and Proper Clause Medicaid expansion coercive conditions on federal spending Roberts plurality 2011 term United States Supreme Court opinions of John Roberts#National Federation of Independent Business v. Sebelius Ginsburg concurrencedissent 2011 term United States Supreme Court opinions of Ruth Bader Ginsburg#National Federation of Independent Business v. Sebelius Thomas dissent 2011 term United States Supreme Court opinions of Clarence Thomas#National Federation of Independent Business v. Sebelius Signed jointly with Kennedy, Thomas, and Alito.