Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.

Alford v. Greene

Consolidated with:

Docket No. Op. Below Argument Opinion Vote Author Term
09-1478 9th Cir. Mar 1, 2011
Tr.Aud.
May 26, 2011 7-2 Kagan OT 2010

Holding: Although the Court may generally review a lower court's constitutional ruling at the behest of governmental officials who won a final judgment on constitutional grounds, here the case is moot because the respondent (the plaintiff below) no longer has a stake in preserving the court's holding because she no longer needs protection from the practice at issue.

Plain English Holding: A government official can ask the Supreme Court to review a lower court's ruling that he violated the Constitution, even if the lower court ultimately concluded that he could not be sued for that conduct.

Judgment: Vacated in part and remanded on May 26, 2011. Justice Scalia filed a concurring opinion. Justice Sotomayor concurred in the judgment, in an opinion that was joined by Justice Breyer. Justice Kennedy filed a dissenting opinion that was joined by Justice Thomas.

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