|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|10-290||Federal Cir.||Apr 18, 2011||Jun 9, 2011||8-0||Sotomayor||OT 2010|
Disclosure: Goldstein, Howe & Russell represent 3M Company et al. as amici curiae in support of respondents.
Holding: Section 282 of the Patent Act requires an invalidity defense to be proved by clear and convincing evidence. (Roberts, C.J., recused.)
Judgment: Affirmed, 8-0, in an opinion by Justice Sonia Sotomayor on June 9, 2011. Justice Breyer filed a concurring opinion, which was joined by Justices Scalia and Alito. Justice Thomas filed an opinion concurring in the judgment. (Roberts, C.J., recused).
On a special episode of SCOTUStalk: @AHoweBlogger and @TomGoldsteinSB discuss Breyer's retirement and preview the process of selecting his successor.
Listen on your podcast platform of choice, or right here: https://www.scotusblog.com/2022/01/the-retirement-of-stephen-breyer/
A SPECIAL episode of SCOTUStalk out today: On the man of the moment
The retirement of Stephen Breyer https://www.scotusblog.com/2022/01/the-retirement-of-stephen-breyer/
Alabama executed Matthew Reeves by lethal injection a few hours after SCOTUS, in a 5-4 vote, dissolved a lower-court ruling that said Reeves had a right to select nitrogen gas as his method of execution. Our coverage of the decision, from @ellena_erskine:
Court green-lights Alabama execution in 5-4 ruling that reverses two lower courts - SCOTUSblog
A divided Supreme Court on Thursday evening allowed Alabama to execute a man who argued that the state had faile...
#SCOTUS grants Alabama's request to allow execution of Matthew Reeves to go forward. Justice Amy Coney Barrett indicates that she would have denied the state's request; Justice Elena Kagan dissents, joined by Breyer & Sotomayor. Order & dissent are here: https://www.supremecourt.gov/opinions/21pdf/21a372_5436.pdf
In remarks at the White House, Biden calls Breyer a beacon of wisdom on the Constitution and reiterates his commitment to select a Black woman to succeed him. Biden says he intends to nominate a successor by the end of February.
Breyer makes it official: He tells President Biden in a letter that his retirement will take effect at the end of the current term, assuming his successor has been confirmed by then.