|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|10-1104||9th Cir.||Nov 1, 2011||Jan 10, 2012||8-1||Breyer||OT 2011|
Holding: Because state tort law authorizes adequate alternative damages actions in this case, no Bivens remedy can be implied.
Judgment: Reversed, 8-1, in an opinion by Justice Breyer on January 10, 2012. Justice Scalia wrote a separate concurring opinion, which was joined by Justice Thomas, but also joined the Court’s opinion. Justice Ginsburg filed a dissenting opinion.
Merits Briefs for the Petitioners
Amicus Briefs in Support of the Petitioners
Merits Briefs for the Respondents
Amicus Briefs in Support of the Respondents
BREAKING: In 5-4 vote, the Supreme Court ALLOWS Alabama to execute Alan Miller, whose lethal injection was scheduled for tonight. In a brief shadow-docket order, SCOTUS lifts a lower court's injunction that had blocked the execution. Barrett joins the three liberals in dissent.
JUST IN: By a 5-4 vote, the Supreme Court DENIES Yeshiva University's emergency request to intervene now in a dispute over whether the university must recognize an LGBTQ student group. Roberts and Kavanaugh join with Sotomayor, Kagan, and Jackson. https://www.supremecourt.gov/opinions/21pdf/22a184_3ea4.pdf
Two justices worked for Kenneth Starr early in their careers. John Roberts was his deputy when Starr was solicitor general during the George H.W. Bush administration. Brett Kavanaugh clerked for Starr on the D.C. Circuit and was on Starr's team for the Clinton investigation.
Thanks @marinklevy for joining us on the latest episode of SCOTUStalk!
On today's SCOTUStalk episode @marinklevy joins to talk new-justice history, including the time Earl Warren rushed across the country to take his seat and showed up with the wrong type of robes.
Speaking in Colorado last night, John Roberts announced that members of the public will be allowed to attend oral arguments when the new term starts next month, according to press reports. It will be the first time the Supreme Court will reopen since the start of the pandemic.
Here is Sotomayor's brief order in the clash between Yeshiva University and a student Pride Alliance.
Justice Sonia Sotomayor has put on hold a NY state trial court's order that would require Yeshiva University to recognize an LGBTQ student group. In a brief order, Sotomayor stays the lower court's order "pending further order of the undersigned or of the Court."