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Today’s orders and opinions

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The Court issued five opinions today and granted one new case, Mayo Foundation for Medical Education and Research v. United States (09-837).

In Carr v. United States (08-1301), the Court, on a 6-3 vote, reverses and remands in an opinion [4] by Justice Sotomayor. Justice Scalia concurs in part and in the judgment, but joins most of Justice Sotomayor’s opinion.  Justice Alito dissents, joined by Justices Thomas and Ginsburg.

In Levin v. Commerce Energy (09-223), the Court reverses and remands, with Justice Ginsburg writing the opinion [5] for the Court.  The vote is unanimous.  Justice Kennedy concurs and Justice Thomas concurs in the judgment only, joined by Justice Scalia.  Justice Alito concurs separately in the judgment.

In Berghuis v. Thompkins (08-1470), the Court reverses and remands in an opinion [6] by Justice Kennedy.  The vote is 5-4, with Justice Sotomayor dissenting joined by Justices Stevens, Ginsburg, and Breyer.


In Alabama v. North Carolina (132 Original), the Court overrules the exceptions to the Special Master’s reports and adopts the Special Master’s recommendations.  Justice Scalia writes the opinion [7] for the Court.  Justice Kennedy concurs in part and in the judgment, joined by Justice Sotomayor.  The Chief Justice dissents in part and concurs in part, joined by Justice Thomas; Justice Breyer separately dissents in part and concurs in part, joined by the Chief Justice.

In Samantar v. Yousuf [8] (08-1555), the Court affirms the lower court’s judgment and remands the case, in an opinion [9] by Justice Stevens.  The vote is unanimous.  Justice Alito concurs, Justice Thomas concurs in part and concurs in the judgment, and Justice Scalia separately concurs in the judgment.

The full order list is here [10].  Separately from that list, the Court also issued an order [11] in the Arizona election subsidies case McComish v. Bennett, refusing to vacate the prior stay of the 9th Circuit.

Below are the texts of the opinions, and the briefs in Mayo Foundation.

Title: Mayo Foundation for Medical Education and Research v. United States
Docket: 09-837 [12]
Issue: Whether the Treasury Department can categorically exclude all medical residents and other full-time employees from the definition of “student” in 26 U.S.C. § 3121(b)(10), which exempts from Social Security taxes “service performed in the employ of a school, college, or university” by a “student who is enrolled and regularly attending classes at such school, college, or university.”

No. 08-1301, Carr v. United States [21]

No. 09-223, Levin v. Commerce Energy [22]

No. 08-1470, Berghuis v. Thompkins [23]

No. 132 Original, Alabama v. North Carolina [24]

No. 08-1555, Samantar v. Yousuf [25]