# 2010 term United States Supreme Court opinions of Antonin Scalia

* The 2010 term of the Supreme Court of the United States began October 4, 2010, and concluded October 1, 2011. This was the twenty-fifth term of Associate Justice Antonin Scalia's tenure on the Court.
* Antonin Scalia 2010 term statistics
* 10
* Majority or Plurality
* 11
* Concurrence
* 0
* Other
* 9
* Dissent
* 1
* Concurrence/dissent
* Total =
* 31
* Bench opinions = 28
* Opinions relating to orders = 3
* In-chambers opinions = 0
* Unanimous opinions: 1
* Most joined by: Thomas (15)
* Least joined by: Kagan (4)
| Type | Case | Citation | Issues | Joined by | Other opinions |
| 401 | Ransom v. FIA Card Services, N. A. • [full text] | 562 U.S. 61 (2011) | Chapter 13 • Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 • means test | | Kagan |
| Scalia dissented from the Court's opinion holding that a car ownership cost income exemption for Chapter 13 debtors was only available to car owners who made lease or loan payments. The relevant bankruptcy provision incorporated certain cost tables prepared by the IRS as part of the Chapter 13 means test for determining how much income debtors had available to repay creditors. Scalia believed that the statutory phrase "applicable monthly expense amounts" simply directed courts, in this instance, to look at the table column corresponding to how many cars the debtor owned, not to examine whether the debtor actually had real costs of that kind. He also disagreed with the Court's use, in aid of its interpretation, of IRS materials that were supplemental to the tables because the bankruptcy statutes did not incorporate or reference those materials in any way. ||||||
| 202 | NASA v. Nelson | 562 U.S. 134 (2011) | background check of prospective federal employees • informational privacy • Privacy Act of 1974 | Thomas | Alito Thomas |
| 103 | Thompson v. North American Stainless, LP | 562 U.S. 170 (2011) | Title VII • employer retaliation against third-party | Roberts, Kennedy, Thomas, Ginsburg, Breyer, Alito, Sotomayor | Ginsburg |
| 104 | Bruesewitz v. Wyeth LLC | 562 U.S. 223 (2011) | National Childhood Vaccine Injury Act of 1986 • state law design defect claims • federal preemption | Roberts, Kennedy, Thomas, Breyer, Alito | Breyer Sotomayor |
| 405 | Michigan v. Bryant | 562 U.S. 344 (2011) | Sixth Amendment • Confrontation Clause • hearsay exception for statements to help police address ongoing emergency | | Sotomayor Thomas Ginsburg |
| 106 | Staub v. Proctor Hospital | 562 U.S. 411 (2011) | Uniformed Services Employment and Reemployment Rights Act of 1994 • influence of prior discrimination on subsequent decisionmaker | Roberts, Kennedy, Ginsburg, Breyer, Sotomayor | Alito |
| 207 | Wall v. Kholi | 562 U.S. 545 (2011) | Antiterrorism and Effective Death Penalty Act of 1996 • tolling of habeas corpus statute of limitations • motion to reduce sentence as application for collateral review | | Alito |
| 408 | Allen v. Lawhorn • [full text] | 562 U.S. 1118 (2010) | Antiterrorism and Effective Death Penalty Act • Sixth Amendment • ineffective assistance of counsel | Thomas, Alito | |
| Scalia dissented from the Court's denial of certiorari, where the Eleventh Circuit had set aside a death sentence because the defense attorney did not give a closing argument at sentencing. Scalia believed the Eleventh Circuit failed to properly find that the omission of a closing argument was prejudicial and failed to comply with AEDPA by giving the necessary deference to the state court's judgment. In conclusion, Scalia wrote that "I would not dissent from denial of certiorari if what happened here were an isolated judicial error. It is not. With distressing frequency, especially in capital cases such as this, federal judges refuse to be governed by Congress's command [under AEDPA]...We invite continued lawlessness when we permit a patently improper interference with state justice such as that which occurred in this case to stand." ||||||
| 409 | Kasten v. Saint-Gobain Performance Plastics Corp. | 563 U.S. 1 (2011) | Fair Labor Standards Act of 1938 • antiretaliation provision • oral intracompany complaints | Thomas (in part) | Breyer |
| 210 | Connick v. Thompson | 563 U.S. 51 (2011) | single violation as basis for Section 1983 claim • failure to make Brady disclosure • failure to train prosecutors | Alito | Thomas Ginsburg |
| 211 | Arizona Christian School Tuition Organization v. Winn | 563 U.S. 125 (2011) | First Amendment • Establishment Clause • taxpayer standing | Thomas | Kennedy Kagan |
| 112 | Virginia Office for Protection and Advocacy v. Stewart | 563 U.S. 247 (2011) | Eleventh Amendment • sovereign immunity • federal action by state agency against state officials for federal law violation • Supremacy Clause • Developmental Disabilities Assistance and Bill of Rights Act of 2000 • Protection and Advocacy for Individuals with Mental Illness Act | Kennedy, Thomas, Ginsburg, Breyer, Sotomayor | Kennedy Roberts |
| 113 | AT&T Mobility LLC v. Concepcion | 563 U.S. 333 (2011) | Federal Arbitration Act • federal preemption • class actions | Roberts, Kennedy, Thomas, Alito | Thomas Breyer |
| 414 | Montana v. Wyoming | 563 U.S. 368 (2011) | Yellowstone River Compact • water law • change in irrigation methods reducing downstream flow • doctrine of appropriation • doctrine of recapture | | Thomas |
| 215 | CIGNA Corp. v. Amara | 563 U.S. 421 (2011) | ERISA • failure to provide proper notice of plan changes • court authority to reform plan as equitable relief | Thomas | Breyer |
| 116 | General Dynamics Corp. v. United States | 563 U.S. 478 (2011) | state secrets privilege • superior knowledge doctrine • remedy for dismissal of military contractor's affirmative defense | Unanimous | |
| 417 | Brown v. Plata | 563 U.S. 493 (2011) | Prison Litigation Reform Act of 1995 • Eighth Amendment • prison overcrowding | Thomas | Kennedy Alito |
| 218 | United States v. Tinklenberg | 563 U.S. 647 (2011) | Speedy Trial Act of 1974 • effect of pretrial motions on delay | Roberts, Thomas | Breyer |
| 219 | Fowler v. United States | 563 U.S. 668 (2011) | federal witness tampering crime • likelihood victim was intending to communicate with federal officer | | Breyer Alito |
| 220 | Camreta v. Greene | 563 U.S. 692 (2011) | Article III • Case or Controversy Clause • standing • review of constitutional issue on appeal from defendant with qualified immunity • mootness | | Kagan Sotomayor Kennedy |
| 121 | Ashcroft v. al-Kidd | 563 U.S. 731 (2011) | material witness arrest of terrorism suspects • pretextual motivation • Fourth Amendment • qualified immunity | Roberts, Kennedy, Thomas, Alito | Kennedy Ginsburg Sotomayor |
| 422 | Sykes v. United States | 564 U.S. 1 (2011) | Armed Career Criminal Act • felony vehicle flight as predicate offense under residual clause • void for vagueness | | Kennedy Thomas Kagan |
| 223 | Talk America, Inc. v. Michigan Bell Telephone Co. | 564 U.S. 50 (2011) | Telecommunications Act of 1996 • incumbent local exchange carrier interconnection duty • entrance facility as part of network • deference to agency interpretation of agency rule | | Thomas |
| 224 | DePierre v. United States | 564 U.S. 70 (2011) | Anti-Drug Abuse Act of 1986 • sentence enhancement for "cocaine base" • reliance on legislative history | | Sotomayor |
| 125 | Nevada Comm'n on Ethics v. Carrigan | 564 U.S. 117 (2011) | vote recusal of state legislator with conflict of interest • First Amendment • overbreadth doctrine | Roberts, Kennedy, Thomas, Ginsburg, Breyer, Sotomayor, Kagan | Kennedy Alito |
| 126 | Wal-Mart Stores, Inc. v. Dukes | 564 U.S. 338 (2011) | Title VII • class certification | Roberts, Kennedy, Thomas, Alito; Ginsburg, Breyer, Sotomayor, Kagan (in part) | Ginsburg |
| 327 | Borough of Duryea v. Guarnieri | 564 U.S. 379 (2011) | employer retaliation • First Amendment • public employee speech • Petition Clause | | Kennedy Thomas |
| 228 | Stern v. Marshall | 564 U.S. 462 (2011) | Article III • bankruptcy court authority to decide state law counterclaim | | Roberts Breyer |
| 129 | Brown v. Entertainment Merchants Assn. | 564 U.S. 786 (2011) | First Amendment • freedom of speech • restriction on sale of violent video games to minors | Kennedy, Ginsburg, Sotomayor, Kagan | Alito Thomas Breyer |
| 430 | Derby v. United States | 564 U.S. 1047 (2011) | Armed Career Criminal Act | | |
| Scalia dissented from the Court's denial of certiorari in four cases involving the "residual provision" of the Armed Career Criminal Act. ||||||
| 431 | Beer v. United States | 564 U.S. 1050 (2011) | | | |
| Scalia dissented from the Court's grant of certiorari, vacatur of the lower court's judgment, and remand. Scalia noted that he would grant cert. and instead set the case for argument. ||||||