Today’s Opinions
on Apr 26, 2005 at 10:07 am
The Court issued opinions today in the following two cases, which Lyle describes in detail below:
No. 03-750, Small v. United States, reversed and remanded 5-3. Justice Breyer wrote the majority opinion, which Justices Stevens, O’Connor, Souter and Ginsburg joined. Justice Thomas dissented, joined by Justices Scalia and Kennedy. The Chief Justice did not participate.
No. 03-725, Pasquantino v. United States, affirmed 5-4. Justice Thomas wrote the majority opinion, which the Chief Justice and Justices Stevens, O’Connor and Kennedy joined. Justice Ginsburg wrote a dissent that Justices Breyer joined in full and that Justices Scalia and Souter joined as to Parts II and III.
Pasquantino was the only case from the (now-completed) November sitting in which the Chief Justice voted in order to break a tie.
From the December sitting, four opinions are outstanding: three from important constitutional cases — Ashcroft v. Raich (which was actually argued on November 29th, technically at the beginning of the “December” sitting), Granholm v. Heald, and Veneman v. Livestock Marketing — as well as Miller-El v. Dretke (also important, but not technically a constitutional case). Of those four opinions, Justices Stevens, Kennedy, and Souter are likely writing at least one majority apiece, and Justice O’Connor almost certainly is not writing a majority.
