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Today’s Opinions

The Court issued opinions today in the six remaining argued cases from this Term:

No. 03-1500, van Orden v. Perry, affirmed 5-4. The Chief Justice wrote a plurality opinion for four Justices. It’s Justice Breyer, not (as many suspected) Justice O’Connor, who splits his vote in the two cases — he concurs separately in the judgment. Justice Scalia filed an opinion concurring in the Chief Justice’s opinion, as did Justice Thomas. Justice Stevens filed a dissent that Justice Ginsburg joined. Justice Souter filed a dissent that Justices Stevens and Ginsburg joined. And Justice O’Connor filed a one-sentence dissent noting her essential agreement with Justice Souter.

No. 03-1693, McCreary County v. ACLU of Kentucky, was affirmed 5-4. Justice Souter wrote the opinion of the Court. Justice O’Connor concurred. Justice Scalia dissented, joined by the Chief Justice and Justice Thomas and in large part by Justice Kennedy.

NOTE: SCOTUSblog is hosting a “group-blog” on these two cases over on our discussion site.

No. 04-277, National Cable & Telecomm. Ass’n v. Brand X Internet Servs., and No. 04-281, FCC v. Brand X Internet Servs. (consolidated), reversed 6-3. Justice Thomas wrote the majority opinion. Justice Stevens filed a short concurrence. Justice Breyer also concurred. Justice Scalia dissented, joined by Justice Souter and in part by Justice Ginsburg.

No. 04-278, Castle Rock v. Gonzales, reversed 7-2, in an opinion written by Justice Scalia. Justice Souter concurred, joined by Justice Breyer. Justice Stevens dissented, joined by Justice Ginsburg.

No. 04-480, MGM Studios v. Grokster, reversed 9-0, in an opinion by Justice Souter. Justice Ginsburg concurred, joined by the Chief Justice and Justice Kennedy; and Justice Breyer concurred, joined by Justices Stevens and O’Connor.

NOTE: SCOTUSblog is hosting a “group-blog” about Grokster over on our discussion site.

and

No. 04-514, Bell v. Thompson, reversed 5-4 per Justice Kennedy. Justice Breyer dissented, joined by Justices Stevens, Souter and Ginsburg.