Case |
Issue |
Joined by |
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Wagnon v. Prairie Band Potawatomi Nation 546 U.S. 95 (2005) |
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Roberts, Stevens, O'Connor, Scalia, Souter, Breyer |
Ginsburg filed a dissent. |
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Scalia filed the other dissent. |
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Roberts, Scalia, Kennedy |
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Unitherm Food Systems, Inc. v. Swift-Eckrich, Inc. 546 U.S. 394 (2006) |
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Roberts, O'Connor, Scalia, Souter, Ginsburg, Breyer |
Stevens filed a dissent. |
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Whether illegality of contract under state law precludes arbitration clause |
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Reiterated earlier belief that the Federal Arbitration Act does not preclude state law. Thomas was the sole dissenter from Scalia's 7-1 opinion. |
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Statutory immunity of USPS from suit |
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Thomas dissented from Kennedy's 7-1 opinion. |
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Antitrust: applicability to joint ventures |
Unanimous |
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Thomas filed one of three dissents. |
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U.S. Const. amend. XI: Sovereign immunity of counties |
Unanimous |
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Due process: U.S. Const. amend. XIV: notice requirements to property owner prior to tax sale |
Scalia, Kennedy |
Thomas dissented from Roberts' decision. |
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Patent |
Unanimous |
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Thomas joined the majority in part, and filed a separate opinion concurring in part and dissenting in part. |
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Thomas filed an opinion concurring in the judgment in part and dissenting in part from Scalia's otherwise unanimous opinion. |
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Roberts, Scalia, Kennedy, Ginsburg, Alito |
Stevens filed a dissent. |
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Rangel-Reyes v. United States 547 U.S. 1200 (2006) |
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Rights of the accused: U.S. Const. amend. VI: right to a jury trial |
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Thomas dissented from the denial of certiorari, which he thought should be granted so the Court could rule that the fact of a prior conviction, when an element of a crime, should be decided by a jury. Thomas believed this exception to the Apprendi rule was not found within the Constitution itself, but only derived from prior precedent that a majority of the Court no longer supported. "The Court’s duty to resolve this matter is particularly compelling, because we are the only court authorized to do so. And until we do so, countless criminal defendants will be denied the full protection afforded by the Fifth and Sixth Amendments, notwithstanding the agreement of a majority of the Court that this result is unconstitutional. There is no good reason to allow such a state of affairs to persist." |
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Death penalty |
Roberts, Scalia, Kennedy, Alito |
Stevens and Souter filed dissents. |
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Roberts, Scalia, Souter, Breyer, Alito |
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Scalia |
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Habeas corpus; presidential authority to try prisoners in military commissions |
Scalia; Alito (in part) |
Thomas filed one of three dissents. |