411 REFERENCE · Wikipedia
2005 term United States Supreme Court opinions of Antonin Scalia
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February 2026
September 2023
Antonin
Scalia
File:Antonin Scalia, SCOTUS photo portrait.jpg
2005
twentieth
October 3, 2005
October 1, 2006
9
7
1
5
0
21
1
0
1
Thomas (12)
O'Connor (2)O'Connor retired January 31, 2006. Of the justices who participated the entire term, Stevens, Souter, Ginsburg, and Breyer joined the fewest of Scalia's opinions, with six each.
yes
https://www.supremecourt.gov/opinions/slipopinions.aspx?Term=05
https://web.archive.org/web/20120516151603/https://www.supremecourt.gov/opinions/slipopinions.aspx?Term=05
May 16, 2012
https://www.supremecourt.gov/opinions/relatingtoorders.aspx?Term=05
https://web.archive.org/web/20100527232514/https://www.supremecourt.gov/opinions/relatingtoorders.aspx?Term=05
May 27, 2010
https://www.supremecourt.gov/opinions/in-chambers.aspx?Term=05
https://web.archive.org/web/20120516151732/https://www.supremecourt.gov/opinions/in-chambers.aspx?Term=05
May 16, 2012
December 15, 2016
Antonin Scalia opinions
SCOTUSterm2006-2008
01
Lockhart v. United States (2005)
Lockhart v. United States
concurrence
546
142
2005
Debt Collection Act of 1982 Social Security student loan debt
O'Connor majority 2005 term United States Supreme Court opinions of Sandra Day O'Connor#Lockhart v. United States
02
United States v. Georgia
majority
546
151
2006
Unanimous
Stevens concurrence 2005 term United States Supreme Court opinions of John Paul Stevens#United States v. Georgia
03
Brown v. Sanders
majority
546
212
2006
Roberts, O'Connor, Kennedy, Thomas
Stevens dissent 2005 term United States Supreme Court opinions of John Paul Stevens#Brown v. Sanders
Breyer dissent 2005 term United States Supreme Court opinions of Stephen Breyer#Brown v. Sanders
04
Gonzales v. Oregon
dissent
546
243
2006
Controlled Substances Act
Roberts, Thomas
Kennedy majority 2005 term United States Supreme Court opinions of Anthony Kennedy#Gonzales v. Oregon
Thomas dissent 2005 term United States Supreme Court opinions of Clarence Thomas#Gonzales v. Oregon
05
Buckeye Check Cashing, Inc. v. Cardegna
majority
546
440
2006
Roberts, Stevens, Kennedy, Souter, Ginsburg, Breyer
Thomas dissent 2005 term United States Supreme Court opinions of Clarence Thomas#Buckeye Check Cashing, Inc. v. Cardegna
06
Domino's Pizza, Inc. v. McDonald
majority
546
470
2006
Civil Rights Act
Roberts, Stevens, Kennedy, Souter, Thomas, Ginsburg, Breyer
The Court ruled that the Civil Rights Act's protection of the right to make contracts free from racial discrimination did not extend to agents of the contractors, only those who would have enforceable rights under the contracts. Alito did not participate.
07
Oregon v. Guzek
concurrence
546
517
2006
Thomas
Breyer majority 2005 term United States Supreme Court opinions of Stephen Breyer#Oregon v. Guzek
08
United States v. Grubbs
majority
547
90
2006
Roberts, Kennedy, Thomas; Stevens, Souter, Ginsburg (in part)
Souter concurrence 2005 term United States Supreme Court opinions of David Souter#United States v. Grubbs
09
Georgia v. Randolph
dissent
547
103
2006
Souter majority 2005 term United States Supreme Court opinions of David Souter#Georgia v. Randolph
Stevens concurrence 2005 term United States Supreme Court opinions of John Paul Stevens#Georgia v. Randolph
Breyer concurrence 2005 term United States Supreme Court opinions of Stephen Breyer#Georgia v. Randolph
Roberts dissent 2005 term United States Supreme Court opinions of John Roberts#Georgia v. Randolph
Thomas dissent 2005 term United States Supreme Court opinions of Clarence Thomas#Georgia v. Randolph
10
Day v. McDonough
dissent
547
198
2006
Habeas corpus Anti-Terrorism and Effective Death Penalty Act
Thomas, Breyer
Ginsburg majority 2005 term United States Supreme Court opinions of Ruth Bader Ginsburg#Day v. McDonough
Stevens dissent 2005 term United States Supreme Court opinions of John Paul Stevens#Day v. McDonough
Scalia's dissent objected that the Court's affirmance of a district court's sua sponte dismissal of a habeas petition as untimely disregarded the clear provisions of the Federal Rules of Civil Procedure (FRCP), which required the forfeiture of affirmative defenses when they are not raised. Scalia argued that if there was truly no "dispositive difference" as the Court said between a court allowing the State to amend its answer to include the limitations argument and dismissing sua sponte, "the natural conclusion would be that there is no compelling reason to disregard the Civil Rules. Legislatively enacted rules are surely entitled to more respect than this apparent presumption that, when nothing substantial hangs on the point, they do not apply as written." At a minimum, Scalia believed it "a nontrivial value in itself" to "observe[] the formalities of our adversary system" by requiring the State to amend its own pleading. Scalia also observed that in contrast to the "novel regime" adopted by the majority, there is already a well-developed body of law regarding whether a party should have leave to amend a pleading. "Ockham is offended by today's decision, even if no one else is."
11
Anza v. Ideal Steel Supply Corp.
concurrence
547
451
2006
Kennedy majority 2005 term United States Supreme Court opinions of Anthony Kennedy#Anza v. Ideal Steel Supply Corp.
Thomas concurrencedissent 2005 term United States Supreme Court opinions of Clarence Thomas#Anza v. Ideal Steel Supply Corp.
Breyer concurrencedissent 2005 term United States Supreme Court opinions of Stephen Breyer#Anza v. Ideal Steel Supply Corp.
12
Zedner v. United States
concurrence
547
489
2006
Alito majority 2005 term United States Supreme Court opinions of Samuel Alito#Zedner v. United States
Scalia joined Alito's unanimous decision ruling that a criminal defendant cannot prospectively waive the protections of the Speedy Trial Act of 1974, except as to the part addressing the Act's legislative history. Scalia filed a separate concurrence to restate his objections to that method of statutory interpretation.
13
Hudson v. Michigan
majority
547
586
2006
Roberts, Thomas, Alito; Kennedy (in part)
Kennedy concurrence 2005 term United States Supreme Court opinions of Anthony Kennedy#Hudson v. Michigan
Breyer dissent 2005 term United States Supreme Court opinions of Stephen Breyer#Hudson v. Michigan
14
Kircher v. Putnam Funds Trust
concurrence
547
633
2006
Souter majority 2005 term United States Supreme Court opinions of David Souter#Kircher v. Putnam Funds Trust
15
Rapanos v. United States
majority
547
715
2006
Clean Water Act
Roberts, Thomas, Alito
Roberts concurrence 2005 term United States Supreme Court opinions of John Roberts#Rapanos v. United States
Kennedy concurrence 2005 term United States Supreme Court opinions of Anthony Kennedy#Rapanos v. United States
Stevens dissent 2005 term United States Supreme Court opinions of John Paul Stevens#Rapanos v. United States
Breyer dissent 2005 term United States Supreme Court opinions of Stephen Breyer#Rapanos v. United States
16
Davis v. Washington
majority
547
813
2006
Roberts, Stevens, Kennedy, Souter, Ginsburg, Breyer, Alito
Thomas concurrencedissent 2005 term United States Supreme Court opinions of Clarence Thomas#Davis v. Washington
17
Youngblood v. West Virginia
dissent
547
867
2006
Thomas
per curiam majority 2005 term per curiam opinions of the Supreme Court of the United States#Youngblood v. West Virginia
Kennedy dissent 2005 term United States Supreme Court opinions of Anthony Kennedy#Youngblood v. West Virginia
18
Fidelity Federal Bank & Trust v. Kehoe
concurrence
547
1051
2006
Alito
Scalia concurred in the Court's denial of certiorari.
19
United States v. Gonzalez-Lopez
majority
548
140
2006
U.S. Const. amend. VI right to counsel
Stevens, Souter, Ginsburg, Breyer
Alito dissent 2005 term United States Supreme Court opinions of Samuel Alito#United States v. Gonzalez-Lopez
20
Kansas v. Marsh
concurrence
548
163
2006
U.S. Const. amend. VIII death penalty balance of mitigating and aggravating sentencing factors
Thomas majority 2005 term United States Supreme Court opinions of Clarence Thomas#Kansas v. Marsh
Stevens dissent 2005 term United States Supreme Court opinions of John Paul Stevens#Kansas v. Marsh
Souter dissent 2005 term United States Supreme Court opinions of David Souter#Kansas v. Marsh
21
League of United Latin American Citizens v. Perry
concurrencedissent
548
399
2006
legislative redistricting
Thomas; Roberts, Alito (in part)
Kennedy plurality 2005 term United States Supreme Court opinions of Anthony Kennedy#League of United Latin American Citizens v. Perry
Roberts concurrencedissent 2005 term United States Supreme Court opinions of John Roberts#League of United Latin American Citizens v. Perry
Stevens concurrencedissent 2005 term United States Supreme Court opinions of John Paul Stevens#League of United Latin American Citizens v. Perry
Souter concurrencedissent 2005 term United States Supreme Court opinions of David Souter#League of United Latin American Citizens v. Perry
Breyer concurrencedissent 2005 term United States Supreme Court opinions of Stephen Breyer#League of United Latin American Citizens v. Perry
22
Hamdan v. Rumsfeld
dissent
548
557
2006
Thomas, Alito
Stevens plurality 2005 term United States Supreme Court opinions of John Paul Stevens#Hamdan v. Rumsfeld
Kennedy concurrence 2005 term United States Supreme Court opinions of Anthony Kennedy#Hamdan v. Rumsfeld
Breyer concurrence 2005 term United States Supreme Court opinions of Stephen Breyer#Hamdan v. Rumsfeld
Thomas dissent 2005 term United States Supreme Court opinions of Clarence Thomas#Hamdan v. Rumsfeld
Alito dissent 2005 term United States Supreme Court opinions of Samuel Alito#Hamdan v. Rumsfeld
Scalia also joined Thomas' dissent, and Alito's dissent in part.