Details on today’s opinions

By Kali Borkoski
on Jan 19, 2011 at 11:21 am

The Court issued three opinions today: NASA v. Nelson (09-530); Harrington v. Richter (09-578); and Premo v. Moore (09-658).

In  NASA v. Nelson,  Justice Alito wrote the opinion of the Court, which reversed the lower court’s decision and upheld the background checks that NASA uses for employees of companies working under contract.  His opinion was joined by the Chief Justice and Justices Kennedy, Ginsburg, Breyer, and Sotomayor.  Justice Scalia wrote an opinion concurring in the judgment, which was joined by Justice Thomas.  Justice Thomas also filed his own opinion concurring in the judgment.  Justice Kagan did not participate in the consideration or decision of the case.

In Harrington v. Richter, Justice Kennedy wrote the opinion for the Court, which was joined by the Chief Justice and Justices Scalia, Thomas, Breyer, and Sotomayor.  Justice Ginsburg filed an opinion concurring in the judgment.  The decision of the Ninth Circuit was reversed, with the Court holding that the defense lawyer was not deficient in failing to consult blood evidence  when planning strategy for trial.  Justice Kagan did not participate in the consideration or decision of the case.

In Premo v. Moore, Justice Kennedy again authored the opinion for the Court, which joined by the Chief Justice and Justices Scalia, Thomas, Breyer, and Sotomayor.  Justice Ginsburg again filed an opinion concurring in the judgment.  The Court reversed the decision of the Ninth Circuit, holding that defense counsel was not ineffective and that Moore was not in any event prejudiced by his counsel’s actions.  Justice Kagan did not participate in the consideration or decision of the case.  NASA v Nelson

Harrington v. Richter

Premo v. Moore