Tarlton Library News

The Supreme Court issued 5 opinions today.Dillon v. United States
In a 7-1 opinion written by Justice Sotomayor, the Court held that its holdings in United States v. Booker, 543 U.S. 220 (2005), do not apply to proceedings under 18 U.S.C. §3582(c)(2) and therefore do not require treating USSG §1B1.10(b) as advisory.  The opinion of the Court was joined by Chief Justice Roberts and Justices Scalia, Kennedy, Thomas, Ginsburg, and Breyer.  Justice Stevens filed a dissenting opinion.  Justice Alito took no part in the decision of the case.

Schwab v. Reilly
In a 6-3 opinion written by Justice Thomas, the Court held that a party filing for bankruptcy under Chapter 7 need not object to an exemption claimed in order to preserve the estate’s ability to recover value in the asset beyond the dollar value the debtor expressly declared to be exempt.  The opinion of the Court was joined by Justices Stevens, Scalia, Kennedy, Alito, and Sotomayor.  Justice Ginsburg filed a dissenting opinion, joined by Chief Justice Roberts and Justice Breyer.

City of Ontario v. Quon
In an opinion written by Justice Kennedy, the Court held that the search of the police officer’s text messages to his colleagues and to a woman with whom he was having an affair was reasonable, and therefore the officer’s 4th Amendment rights were not violated.  The opinion of the Court was joined by Chief Justice Roberts and Justices Stevens, Thomas, Ginsburg, Breyer, Alito, and Sotomayor;  Justice Scalia joined except as to Part III-A.  Justice Stevens filed a concurring opinion.  Justice Scalia filed an opinion concurring in part and concurring in the judgment.

Stop the Beach v. FL Dept. of Environmental Protection
The Court held that the Florida Supreme Court did not take property without just compensation, in violation of the federal Constitution in its ruling governing the restoration of beach front land.  Justice Scalia announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, IV, and V, joined by Chief Justice Roberts and Justices Kennedy, Thomas, Ginsburg, Breyer, Alito, and Sotomayor.  Justice Scalia also delivered an opinion with respect to Parts II and II, in which Chief Justice Roberts and Justices Thomas and Alito joined.  Justice Kennedy filed an opinion concurring in part and concurring in the judgment, which was joined by Justice Sotomayor.  Justice Breyer filed an opinion concurring in part and concurring in the judgment, which was joined by Justice Ginsburg.  Justice Stevens took no part in the decision of the case.

New Process Steel v. National Labor Relations Board
In a 5-4 opinion written by Justice Stevens, the Court ruled that the National Labor Relations Act requires that the National Labor Relations Board maintain a membership of at least 3 in order to exercise authority delegated to it by the full Board.  The opinion of the Court was joined by Chief Justice Roberts and Justices Scalia, Thomas, and Alito.  Justice Kennedy filed a dissenting opinion, which was joined by Justices Ginsburg, Breyer, and Sotomayor.

*Summaries courtesy in part of SCOTUSBlog.