|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|09-1454||9th Cir.||Mar 1, 2011||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, 7-2, in an opinion by Justice Kagan 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.