Details on today’s opinions
on Mar 2, 2011 at 11:18 am
This morning, the Court handed down two opinions.
Pepper v. United States (09-6822) – In a 6-2 opinion by Justice Sotomayor (with Justice Kagan recused), the Court vacates in part, affirms in part, and remands the case to the Eighth Circuit. The Court held that when the defendant’s sentence has been set aside on appeal, a district court at resentencing may consider evidence of the defendant’s rehabilitation after the initial sentence and that evidence may in appropriate cases support a downward variance from the sentencing guidelines.
Justice Breyer filed a partial concurrence. Justice Alito filed a partial concurrence and a partial dissent. Justice Thomas filed a dissenting opinion.
Snyder v. Phelps (09-751) – In an 8-1 opinion by Chief Justice Roberts, the Court affirms the decision of the Fourth Circuit. The Court holds that the First Amendment shields those who stage a protest at the funeral of a military service member from tort liability.
Justice Breyer filed a concurring opinion and Justice Alito filed a dissent.
