The Court DIGged (dismissed as improvidently granted) No. 04-5928, Medellin v. Dretke. Justice Ginsburg concurred, joined in part by Justice Scalia. Justice O’Connor dissented, joined by Justices Stevens, Souter and Breyer. Justice Souter filed a separate dissent, as did Justice Breyer, joined by Justice Stevens.

The Court also issued opinions today in the following four argued cases:

No. 04-5293, Deck v. Missouri, reversed 7-2 in an opinion by Justice Breyer. Justice Thomas dissented, joined by Justice Scalia.

No. 04-37, Clingman v. Beaver, reversed. Justice Thomas delivered an opinion for the Court except as to Part II"“A. The Chief Justice and Justices Scalia and Kennedy joined the Thomas opinion in full, and Justices O’Connor and Breyer joined except as to Part II"“A. Justice O’Connor filed an opinion concurring in part and concurring
in the judgment, in which Justice Breyer joined except as to Part III. Justice Stevens filed a dissenting opinion that Justice Ginsburg joined and the first three Parts of which Justice Souter joined.

Nos. 03-1164, Johans v. Livestock Marketing Ass’n, and 03-1165, Nebraska Cattlemen v. Livestock Marketing Ass’n (consoldated), reversed 6-3. Justice Scalia wrote the majority opinion, which the Chief Justice and Justices O’Connor, Thomas and Breyer joined. Justice Ginsburg concurred in the judgment. Justice Kennedy dissented. Justice Souter also dissented, joined by Justices Stevens and Kennedy.

No. 04-163, Lingle v. Chevron U.S.A., reversed. Justice O’Connor wrote for a unanimous Court. Justice Kennedy concurred.

Lyle Denniston has further details in the post below.

Next date for issuance of some of the 29 remaining opinions is a week from tomorrow — Tuesday, May 31st.

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