Full texts of today’s opinions
The Court issued three opinions this morning:
In Johnson v. United States (08-6925), the Court rules 7-2 that a “violent felony” under federal law requires the use of physical violence, thereby reversing and remanding the lower court. Justice Scalia writes for the majority, while Justice Alito dissents, joined by Justice Thomas. The full opinion in pdf format is here.
In Reed Elsevier v. Muchnick (08-103), the Court reverses and remands, ruling that a copyright must be registered before one may file an infringement claim, but the failure of a copyright holder to have a registration does not restrict a federal court’s power to decide infringement claims involving works that are not registered. Justice Thomas delivers the majority opinion; Justice Ginsburg concurs in part and concurs in the judgment, joined by Justices Stevens and Breyer. Justice Sotomayor took no part in the decision. The full opinion is here. [Disclosure: Howe & Russell represented the respondent Muchnick in this case.]
In Mac's Shell Service, Inc. v. Shell Oil Products Company; Shell Oil Products Company v. Mac's Shell Service (08-240; 08-372), the Court reverses in part, limiting the right of the holder of a franchise to sue after the franchise agreement is terminated. Justice Alito writes the unanimous opinion of the Court, which is here.
The full texts of the opinions follow the jump.