Editor's Note :

Editor's Note :

We expect orders from the February 17 conference on Tuesday at 9:30 a.m. There is a possibility of opinions on Wednesday, February 22.
On Tuesday the court hears oral argument in Hernández v. Mesa. Amy Howe has our preview.
On Tuesday the court also hears oral argument in McLane Co. v. EEOC. Charlotte Garden has our preview.

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
 
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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.

Plain English Summary:

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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