2009 term United States Supreme Court opinions of Anthony Kennedy

The 2009 term of the Supreme Court of the United States began October 5, 2009 and concluded October 3, 2010. This was the twenty-third term of Associate Justice Anthony Kennedy's tenure on the Court .
Anthony Kennedy 2009 term statistics
9
 Majority or Plurality
8
 Concurrence
1
 Other
4
 Dissent
0
 Concurrence/dissent Total = 22
Bench opinions = 21 Opinions relating to orders = 1 In-chambers opinions = 0
Unanimous opinions: 0 Most joined by: Roberts, Alito (10) Least joined by: Stevens (5)
Type Case Citation Issues Joined by Other opinions
2-01



Beard v. Kindler 558 U.S. 53 (2009)

 habeas corpus review  • adequate and independent state ground doctrine  • discretionary state procedural rules Thomas
Roberts
1-02



Citizens United v. Federal Election Comm'n 558 U.S. 310 (2010)

 campaign finance reform  • Bipartisan Campaign Reform Act of 2002  • First Amendment  • free speech  • corporate speech Roberts, Scalia, Alito; Stevens, Thomas, Ginsburg, Breyer, Sotomayor (in part)
Roberts
 Scalia
 Stevens
 Thomas
5-03



DTD Enterprises, Inc. v. Wells 558 U.S. 964 (2009)

 class action  • imposition of class notification cost on defendant Roberts, Sotomayor
Kennedy filed a statement respecting the Court's denial of certiorari, to note that, although he agreed with the denial in this instance, the petition for certiorari raised issues of constitutional importance. In a class action lawsuit, the New Jersey state trial court had imposed the costs of class notification upon the defendants apparently for no other reason than their ability to pay it. Kennedy believed that serious Due Process implications were raised if New Jersey law permitted this solely based on the relative wealth of the parties, without any consideration of the underlying merits of the case. As the petition to the Court was interlocutory, however, due to the state courts denying leave to appeal, the Court would have to interpret state law without any state court opinion on the matter. Further, the defendant had declared bankruptcy, and the applicability of the automatic stay raised an unrelated procedural obstacle to the case. Kennedy believed that under those circumstances, it was best to deny the petition notwithstanding the substantive constitutional issues.
2-04



Perdue v. Kenny A. 559 U.S. 542 (2010)

 Civil Rights Attorney's Fees Award Act of 1976  • calculation of attorney's fees
Alito
 Thomas
 Breyer
4-05



Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich LPA 559 U.S. 573 (2010)

 Fair Debt Collection Practices Act  • exclusion of legal errors from bona fide error defense Alito
Sotomayor
 Scalia
 Breyer
1-06



Salazar v. Buono 559 U.S. 700 (2010)

 Article III  • standing  • First Amendment  • Establishment Clause  • display of religious symbol on government land  • land transfer from government to private owner Roberts; Alito (in part)
Roberts
 Scalia
 Alito
 Stevens
 Breyer
1-07



Abbott v. Abbott 560 U.S. 1 (2010)

 Hague Convention on the Civil Aspects of International Child Abduction  • International Child Abduction Remedies Act  • ne exeat right as right of custody Roberts, Scalia, Ginsburg, Alito, Sotomayor
Stevens
1-08



Graham v. Florida 560 U.S. 48 (2010)

 Eighth Amendment  • cruel and unusual punishment  • sentencing of juveniles to life imprisonment for nonhomicide crimes Stevens, Ginsburg, Breyer, Sotomayor
Roberts
 Stevens
 Thomas
 Alito
2-09



United States v. Comstock 560 U.S. 126 (2010)

 Necessary and Proper Clause  • civil commitment of mentally ill, sexually dangerous prisoners
Breyer
 Alito
 Thomas
1-10



United States v. O'Brien 560 U.S. 218 (2010)

 use of machine gun in federal crime as element or sentencing factor Roberts, Stevens, Scalia, Ginsburg, Breyer, Alito, Sotomayor
Stevens
 Thomas
2-11



Alabama v. North Carolina 560 U.S. 330 (2010)

 Southeast Interstate Low-Level Radioactive Waste Compact Sotomayor
Scalia
 Roberts
 Breyer
1-12



Berghuis v. Thompkins 560 U.S. 370 (2010)

 Fifth Amendment  • waiver of right to remain silent  • Sixth Amendment  • ineffective assistance of counsel Roberts, Scalia, Thomas, Alito
Sotomayor
2-13



Levin v. Commerce Energy, Inc. 560 U.S. 413 (2010)

 discriminatory state taxation  • comity
Ginsburg
 Thomas
 Alito
4-14



Barber v. Thomas 560 U.S. 474 (2010)

 Federal Bureau of Prisons calculation of good time credit Stevens, Ginsburg
Breyer
4-15



New Process Steel, L. P. v. NLRB 560 U.S. 674 (2010)

 Taft-Hartley Act  • National Labor Relations Board  • delegation of powers to groups of members Ginsburg, Breyer, Sotomayor
Stevens
2-16



Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection 560 U.S. 702 (2010)

 Fifth Amendment  • Takings Clause  • littoral rights Sotomayor
Scalia
 Breyer
1-17



Ontario v. Quon 560 U.S. 746 (2010)

 Fourth Amendment  • government review of employee text messages Roberts, Stevens, Thomas, Ginsburg, Breyer, Alito, Sotomayor; Scalia (in part)
Stevens
 Scalia
1-18



Kawasaki Kisen Kaisha Ltd. v. Regal-Beloit Corp. 561 U.S. 89 (2010)

 Carriage of Goods by Sea Act  • forum selection clause Roberts, Scalia, Thomas, Breyer, Alito
Sotomayor
4-19



Magwood v. Patterson 561 U.S. 320 (2010)

 habeas corpus  • Antiterrorism and Effective Death Penalty Act of 1996  • claims in second or successive applications Roberts, Ginsburg, Alito
Thomas
 Breyer
2-20



Black v. United States 561 U.S. 465 (2010)

 honest services fraud  • Federal Rules of Criminal Procedure  • preservation of objections to jury instructions Thomas
Ginsburg
 Scalia
1-21



Bilski v. Kappos 561 U.S. 593 (2010)

 patent law  • patentability of business method Roberts, Thomas, Alito; Scalia (in part)
Stevens
 Breyer
2-22



Christian Legal Soc. Chapter of Univ. of Cal., Hastings College of Law v. Martinez 561 U.S. 661 (2010)

 nondiscrimination policy for university student organizations  • First Amendment  • free speech  • public forum doctrine
Ginsburg
 Stevens
 Alito

References

Judicial opinions of Anthony Kennedy
U.S. Court of Appeals for the Ninth Circuit (1975–1988); by calendar year
  • 1975
  • 1976
  • 1977
  • 1978
  • 1979
  • 1980
  • 1981
  • 1982
  • 1983
  • 1984
  • 1985
  • 1986
  • 1987
  • 1988
Supreme Court of the United States (February 18, 1988 – present); by term
Supreme Court of the United States 2009 term (October 5, 2009 - October 3, 2010)
Opinions by justice:
Chief Justice Roberts | Associate Justices Stevens | Scalia | Kennedy | Thomas | Ginsburg | Breyer | Alito | Sotomayor
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