Today’s Opinions
on Mar 30, 2005 at 10:12 am
The Court issued opinions today in these three cases:
No. 03-1696, Exxon Mobil Corp.v. Saudi Basic Industries, a Rooker/Feldman decision unanimously reversed and remanded in an opinion written by Justice Ginsburg.
No. 03-9046, Rhines v. Weber, unanimously vacated and remanded in an opinion written by Justice O’Connor. Justice Stevens concurred, joined by Justices Ginsburg and Breyer. Justice Souter also concurred but for one “practical reservation,” also joined by Justices Ginsburg and Breyer.
No. 03-1160, Smith v. City of Jackson, affirmed unanimously, but also deciding, by what is in effect a 5-3 vote, that the Age Discrimination in Employment Act does recognize disparate impact claims. Justice Stevens wrote the principal opinion,which was joined in full by Justices Souter, Ginsburg and Breyer and in large part by Justice Scalia. Justice Scalia concurred in all but Part III and concurred in the judgment. Justice O’Connor, joined by Justices Kennedy and Thomas, concurred in the judgment, but in effect dissented on the central disparate-impact question. The Chief Justice did not participate, but (in light of his previous votes on the question) almost surely would have voted with Justice O’Connor.
