# 2008 term opinions of the Supreme Court of the United States

The 2008 term of the Supreme Court of the United States began October 6, 2008, and concluded October 4, 2009. The table illustrates which opinion was filed by each justice in each case and which justices joined each opinion.

## Table key

| | Delivered the Court's opinion | Joined the Court's opinion | Filed a concurrence | Joined a concurrence |
| | Filed a dissent | Joined a dissent | Filed a concurrence/dissent | Joined a concurrence/dissent |
| | Did not participate in the decision |
| Decisions that do not note an argument date were decided without oral argument. Decisions that do not note a Justice delivering the Court's opinion are per curiam. Multiple concurrences and dissents within a case are numbered, with joining votes numbered accordingly. Justices frequently join multiple opinions in a single case; each vote is subdivided accordingly. An asterisk ( * ) in the Court's opinion denotes that it was only a majority in part or a plurality. An asterisk in a joining vote denotes that the justice joined it only in part. A dash ( - ) denotes that the Justice voted without filing or joining an opinion. ||||||||

## 2008 term opinions

| # | Case name and citation | Argued | Decided | Roberts | Stevens | Scalia | Kennedy | Souter | Thomas | Ginsburg | Breyer | Alito |
| 1 | Moore v. United States, 555 U.S. 1 | | October 14, 2008 | | | | | | | | | |
| 2 | Brunner v. Ohio Republican Party, 555 U.S. 5 | | October 17, 2008 | | | | | | | | | |
| 3 | Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7 | October 8, 2008 | November 12, 2008 | | * | | | | | | | |
| 4 | Bell v. Kelly, 555 U.S. 55 | November 12, 2008 | November 17, 2008 | | | | | | | | | |
| 5 | Hedgpeth v. Pulido, 555 U.S. 57 | | December 2, 2008 | | | | | | | | | |
| 6 | Altria Group, Inc. v. Good, 555 U.S. 70 | October 6, 2008 | December 15, 2008 | | | | | | | | | |
| 7 | Jimenez v. Quarterman, 555 U.S. 113 | November 4, 2008 | January 13, 2009 | | | | | | | | | |
| 8 | Chambers v. United States, 555 U.S. 122 | November 10, 2008 | January 13, 2009 | | | | | | | | | |
| 9 | Herring v. United States, 555 U.S. 135 | October 7, 2008 | January 14, 2009 | | 1 | | | 12 | | 1 | 12 | |
| 10 | Oregon v. Ice, 555 U.S. 160 | October 14, 2008 | January 14, 2009 | | | | | | | | | |
| 11 | Waddington v. Sarausad, 555 U.S. 179 | October 15, 2008 | January 21, 2009 | | | | | | | | | |
| 12 | Locke v. Karass, 555 U.S. 207 | October 6, 2008 | January 21, 2009 | | | | | | | | | |
| 13 | Pearson v. Callahan, 555 U.S. 223 | October 14, 2008 | January 21, 2009 | | | | | | | | | |
| 14 | Fitzgerald v. Barnstable School Committee, 555 U.S. 246 | December 2, 2008 | January 21, 2009 | | | | | | | | | |
| 15 | Spears v. United States, 555 U.S. 261 | | January 21, 2009 | 1 | | | | | - | | | 1 |
| 16 | Crawford v. Nashville, 555 U.S. 271 | October 8, 2008 | January 26, 2009 | | | | | | | | | |
| 17 | Kennedy v. Plan Administrator for DuPont Sav. and Investment Plan, 555 U.S. 285 | October 7, 2008 | January 26, 2009 | | | | | | | | | |
| 18 | United States v. Eurodif S. A., 555 U.S. 305 | November 4, 2008 | January 26, 2009 | | | | | | | | | |
| 19 | Arizona v. Johnson, 555 U.S. 323 | December 9, 2008 | January 26, 2009 | | | | | | | | | |
| 20 | Van de Kamp v. Goldstein, 555 U.S. 335 | November 5, 2008 | January 26, 2009 | | | | | | | | | |
| 21 | Nelson v. United States, 555 U.S. 350 | | January 26, 2009 | | | | | | | | | |
| 22 | Ysursa v. Pocatello Ed. Assn., 555 U.S. 353 | November 3, 2008 | February 24, 2009 | | 1 | | | 2 | | * | | |
| 23 | Carcieri v. Salazar, 555 U.S. 379 | November 3, 2008 | February 24, 2009 | | | | | | | | | |
| 24 | United States v. Hayes, 555 U.S. 415 | November 10, 2008 | February 24, 2009 | | | | | | * | | | |
| 25 | Pacific Bell Telephone Co. v. linkLine Communications, Inc., 555 U.S. 438 | December 8, 2008 | February 25, 2009 | | | | | | | | | |
| 26 | Pleasant Grove City v. Summum, 555 U.S. 460 | November 12, 2008 | February 25, 2009 | | 1 | 2 | | 3 | 2 | 1 | 4 | |
| 27 | Summers v. Earth Island Institute, 555 U.S. 488 | October 8, 2008 | March 3, 2009 | | | | | | | | | |
| 28 | Negusie v. Holder, 555 U.S. 511 | November 5, 2008 | March 3, 2009 | | | | | | | | | |
| 29 | Wyeth v. Levine, 555 U.S. 555 | November 3, 2008 | March 4, 2009 | | | | | | 1 | | 2 | |
| 30 | Bartlett v. Strickland, 556 U.S. 1 | October 14, 2008 | March 9, 2009 | | 1 | | * | 1 | | 12 | 13 | |
| 31 | Vaden v. Discover Bank, 556 U.S. 49 | October 6, 2008 | March 9, 2009 | | | | | | | | | |
| 32 | Vermont v. Brillon, 556 U.S. 81 | January 13, 2009 | March 9, 2009 | | | | | | | | | |
| 33 | Kansas v. Colorado, 556 U.S. 98 | December 1, 2008 | March 9, 2009 | | | | | | | | | |
| 34 | Knowles v. Mirzayance, 556 U.S. 111 | January 13, 2009 | March 24, 2009 | | | * | | * | | * | | |
| 35 | Puckett v. United States, 556 U.S. 129 | January 14, 2009 | March 25, 2009 | | | | | | | | | |
| 36 | Rivera v. Illinois, 556 U.S. 148 | February 23, 2009 | March 31, 2009 | | | | | | | | | |
| 37 | Hawaii v. Office of Hawaiian Affairs, 556 U.S. 163 | February 25, 2009 | March 31, 2009 | | | | | | | | | |
| 38 | Philip Morris USA Inc. v. Williams, 556 U.S. 178 | December 3, 2008 | March 31, 2009 | | | | | | | | | |
| 39 | Harbison v. Bell, 556 U.S. 180 | January 12, 2009 | April 1, 2009 | 1 | | | | | 2 | | | |
| 40 | Entergy Corp. v. Riverkeeper, Inc., 556 U.S. 208 | December 2, 2008 | April 1, 2009 | | | | | | | | | |
| 41 | 14 Penn Plaza LLC v. Pyett, 556 U.S. 247 | December 1, 2008 | April 1, 2009 | | 12 | | | 2 | | 2 | 2 | |
| 42 | United States v. Navajo Nation (2009), 556 U.S. 287 | February 23, 2009 | April 6, 2009 | | | | | | | | | |
| 43 | Corley v. United States, 556 U.S. 303 | January 21, 2009 | April 6, 2009 | | | | | | | | | |
| 44 | Arizona v. Gant, 556 U.S. 332 | October 7, 2008 | April 21, 2009 | 2 | | | 2 | | | | 12* | 2 |
| 45 | Ministry of Defense and Support for Armed Forces of Iran v. Elahi, 556 U.S. 366 | January 12, 2009 | April 21, 2009 | | | | * | * | | * | | |
| 46 | Shinseki v. Sanders, 556 U.S. 396 | December 8, 2008 | April 21, 2009 | | | | | | | | | |
| 47 | Nken v. Holder, 556 U.S. 418 | January 21, 2009 | April 22, 2009 | | | | | | | | | |
| 48 | Cone v. Bell, 556 U.S. 449 | December 9, 2008 | April 28, 2009 | | | | | | | | | |
| 49 | FCC v. Fox Television Stations, Inc., 556 U.S. 502 | November 4, 2008 | April 28, 2009 | | 13 | * | *1 | 3 | 2 | 23 | 3 | |
| 50 | Dean v. United States, 556 U.S. 568 | March 4, 2009 | April 29, 2009 | | 1 | | | | | | 2 | |
| 51 | Kansas v. Ventris, 556 U.S. 586 | January 21, 2009 | April 29, 2009 | | | | | | | | | |
| 52 | Burlington N. & S. F. R. Co. v. United States, 556 U.S. 599 | February 24, 2009 | May 4, 2009 | | | | | | | | | |
| 53 | Arthur Andersen LLP v. Carlisle, 556 U.S. 624 | March 3, 2009 | May 4, 2009 | | | | | | | | | |
| 54 | Carlsbad Technology, Inc. v. HIF Bio, Inc., 556 U.S. 635 | February 24, 2009 | May 4, 2009 | | 1 | 2 | | 3 | | | 3 | |
| 55 | Flores-Figueroa v. United States, 556 U.S. 646 | February 25, 2009 | May 4, 2009 | | | 1 | | | 1 | | | 2 |
| 56 | Ashcroft v. Iqbal, 556 U.S. 662 | December 10, 2008 | May 18, 2009 | | 1 | | | 1 | | 1 | 12 | |
| 57 | AT&T Corp. v. Hulteen, 556 U.S. 701 | December 10, 2008 | May 18, 2009 | | | | | | | | | |
| 58 | Haywood v. Drown, 556 U.S. 729 | December 3, 2008 | May 26, 2009 | * | | * | | | | | | * |
| 59 | Montejo v. Louisiana, 556 U.S. 778 | January 13, 2009 | May 26, 2009 | | 1 | | | 1 | | 1 | 1*2 | |
| 60 | Abuelhawa v. United States, 556 U.S. 816 | March 4, 2009 | May 26, 2009 | | | | | | | | | |
| 61 | Bobby v. Bies, 556 U.S. 825 | April 27, 2009 | June 1, 2009 | | | | | | | | | |
| 62 | CSX Transp., Inc. v. Hensley, 556 U.S. 838 | | June 1, 2009 | | 1 | | | | | 2 | | |
| 63 | Republic of Iraq v. Beaty, 556 U.S. 848 | April 20, 2009 | June 8, 2009 | | | | | | | | | |
| 64 | Caperton v. A. T. Massey Coal Co., 556 U.S. 868 | March 3, 2009 | June 8, 2009 | 1 | | 12 | | | 1 | | | 1 |
| 65 | United States v. Denedo, 556 U.S. 904 | March 25, 2009 | June 8, 2009 | | | | | | | | | |
| 66 | United States ex rel. Eisenstein v. City of New York, 556 U.S. 928 | April 21, 2009 | June 8, 2009 | | | | | | | | | |
| 67 | Boyle v. United States, 556 U.S. 938 | January 14, 2009 | June 8, 2009 | | | | | | | | | |
| 68 | Indiana State Police Pension Trust v. Chrysler LLC, 556 U.S. 960 | | June 9, 2009 | | | | | | | | | |
| 69 | Polar Tankers, Inc. v. City of Valdez, 557 U.S. 1 | April 1, 2009 | June 15, 2009 | 1 | | | | | 1 | | * | *2 |
| 70 | Nijhawan v. Holder, 557 U.S. 29 | April 27, 2009 | June 15, 2009 | | | | | | | | | |
| 71 | District Attorney's Office for Third Judicial Dist. v. Osborne, 557 U.S. 52 | March 2, 2009 | June 18, 2009 | | 1 | | | 1*2 | * | 1 | 1 | |
| 72 | Yeager v. United States, 557 U.S. 110 | March 23, 2009 | June 18, 2009 | | | 12 | * | | 12 | | | 12 |
| 73 | Travelers Indemnity Co. v. Bailey, 557 U.S. 137 | March 30, 2009 | June 18, 2009 | | | | | | | | | |
| 74 | Gross v. FBL Financial Services, Inc., 557 U.S. 167 | March 31, 2009 | June 18, 2009 | | 1 | | | 12 | | 12 | 12 | |
| 75 | Northwest Austin Municipal Util. Dist. No. One v. Holder, 557 U.S. 193 | April 29, 2009 | June 22, 2009 | | | | | | | | | |
| 76 | Forest Grove School Dist. v. T. A., 557 U.S. 230 | April 28, 2009 | June 22, 2009 | | | | | | | | | |
| 77 | Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, 557 U.S. 261 | January 12, 2009 | June 22, 2009 | | | *1 | | | | | 2 | |
| 78 | Melendez-Diaz v. Massachusetts, 557 U.S. 305 | November 10, 2008 | June 25, 2009 | | | | | | | | | |
| 79 | Safford Unified School District v. Redding, 557 U.S. 364 | April 21, 2009 | June 25, 2009 | | *1 | | | | 2 | *13 | | |
| 80 | Atlantic Sounding Co. v. Townsend, 557 U.S. 404 | March 2, 2009 | June 25, 2009 | | | | | | | | | |
| 81 | Horne v. Flores, 557 U.S. 433 | April 20, 2009 | June 25, 2009 | | | | | | | | | |
| 82 | Cuomo v. Clearing House Assn., L. L. C., 557 U.S. 519 | April 28, 2009 | June 29, 2009 | | | | | | | | | |
| 83 | Ricci v. DeStefano, 557 U.S. 557 | April 22, 2009 | June 29, 2009 | | | 12 | | | 2 | | | 2 |
| # | Case name and citation | Argued | Decided | Roberts | Stevens | Scalia | Kennedy | Souter | Thomas | Ginsburg | Breyer | Alito |

## 2008 term membership and statistics

This was the fourth term of Chief Justice Roberts' tenure and the third and last full term with the same membership, as Justice Souter retired after the term finished.
| Justice | Justice | Appointment history | Appointment history | Agreement with judgment | Agreement with judgment | Opinions filed | Opinions filed | Opinions filed | Opinions filed | Opinions filed |
| Seniority | Name | President | Date confirmed | % | # | | | | | Total |
| Chief Justice | John Roberts | George W. Bush | September 29, 2005 | 81.9% | 68/83 | 8 | 4 | 2 | 3 | 17 |
| Associate Justice | John Paul Stevens | Gerald Ford | December 19, 1975 | 62.7% | 52/83 | 9 | 3 | 2 | 15 | 29 |
| Associate Justice | Antonin Scalia | Ronald Reagan | September 26, 1986 | 84.3% | 70/83 | 11 | 7 | 1 | 3 | 22 |
| Associate Justice | Anthony Kennedy | Ronald Reagan | February 18, 1988 | 94% | 78/83 | 7 | 4 | 1 | 1 | 13 |
| Associate Justice | David Souter | George H. W. Bush | October 9, 1990 | 69.9% | 58/83 | 8 | 2 | 1 | 10 | 21 |
| Associate Justice | Clarence Thomas | George H. W. Bush | October 23, 1991 | 81.9% | 68/83 | 9 | 5 | 3 | 4 | 21 |
| Associate Justice | Ruth Bader Ginsburg | Bill Clinton | August 10, 1993 | 69.9% | 58/83 | 7 | 1 | 1 | 9 | 18 |
| Associate Justice | Stephen Breyer | Bill Clinton | August 3, 1994 | 73.5% | 61/83 | 8 | 7 | 3 | 11 | 29 |
| Associate Justice | Samuel Alito | George W. Bush | January 31, 2006 | 80.7% | 67/83 | 7 | 8 | 1 | 6 | 22 |
| Notes on statistics: Opinion counts only include the bench opinions listed above; opinions relating to orders or in-chambers opinions are not included. Agreement with the Court's judgment does not guarantee agreement with the reasoning expressed in its opinion. A justice is not considered in agreement if they dissented even in part. Agreement percentages are based only on the listed cases in which a justice participated and are rounded to the nearest one-tenth of one percentage point. | Notes on statistics: Opinion counts only include the bench opinions listed above; opinions relating to orders or in-chambers opinions are not included. Agreement with the Court's judgment does not guarantee agreement with the reasoning expressed in its opinion. A justice is not considered in agreement if they dissented even in part. Agreement percentages are based only on the listed cases in which a justice participated and are rounded to the nearest one-tenth of one percentage point. | Notes on statistics: Opinion counts only include the bench opinions listed above; opinions relating to orders or in-chambers opinions are not included. Agreement with the Court's judgment does not guarantee agreement with the reasoning expressed in its opinion. A justice is not considered in agreement if they dissented even in part. Agreement percentages are based only on the listed cases in which a justice participated and are rounded to the nearest one-tenth of one percentage point. | Notes on statistics: Opinion counts only include the bench opinions listed above; opinions relating to orders or in-chambers opinions are not included. Agreement with the Court's judgment does not guarantee agreement with the reasoning expressed in its opinion. A justice is not considered in agreement if they dissented even in part. Agreement percentages are based only on the listed cases in which a justice participated and are rounded to the nearest one-tenth of one percentage point. | Notes on statistics: Opinion counts only include the bench opinions listed above; opinions relating to orders or in-chambers opinions are not included. Agreement with the Court's judgment does not guarantee agreement with the reasoning expressed in its opinion. A justice is not considered in agreement if they dissented even in part. Agreement percentages are based only on the listed cases in which a justice participated and are rounded to the nearest one-tenth of one percentage point. | Notes on statistics: Opinion counts only include the bench opinions listed above; opinions relating to orders or in-chambers opinions are not included. Agreement with the Court's judgment does not guarantee agreement with the reasoning expressed in its opinion. A justice is not considered in agreement if they dissented even in part. Agreement percentages are based only on the listed cases in which a justice participated and are rounded to the nearest one-tenth of one percentage point. | Totals | Totals | Totals | Totals | Totals | Totals |
| Notes on statistics: Opinion counts only include the bench opinions listed above; opinions relating to orders or in-chambers opinions are not included. Agreement with the Court's judgment does not guarantee agreement with the reasoning expressed in its opinion. A justice is not considered in agreement if they dissented even in part. Agreement percentages are based only on the listed cases in which a justice participated and are rounded to the nearest one-tenth of one percentage point. | Notes on statistics: Opinion counts only include the bench opinions listed above; opinions relating to orders or in-chambers opinions are not included. Agreement with the Court's judgment does not guarantee agreement with the reasoning expressed in its opinion. A justice is not considered in agreement if they dissented even in part. Agreement percentages are based only on the listed cases in which a justice participated and are rounded to the nearest one-tenth of one percentage point. | Notes on statistics: Opinion counts only include the bench opinions listed above; opinions relating to orders or in-chambers opinions are not included. Agreement with the Court's judgment does not guarantee agreement with the reasoning expressed in its opinion. A justice is not considered in agreement if they dissented even in part. Agreement percentages are based only on the listed cases in which a justice participated and are rounded to the nearest one-tenth of one percentage point. | Notes on statistics: Opinion counts only include the bench opinions listed above; opinions relating to orders or in-chambers opinions are not included. Agreement with the Court's judgment does not guarantee agreement with the reasoning expressed in its opinion. A justice is not considered in agreement if they dissented even in part. Agreement percentages are based only on the listed cases in which a justice participated and are rounded to the nearest one-tenth of one percentage point. | Notes on statistics: Opinion counts only include the bench opinions listed above; opinions relating to orders or in-chambers opinions are not included. Agreement with the Court's judgment does not guarantee agreement with the reasoning expressed in its opinion. A justice is not considered in agreement if they dissented even in part. Agreement percentages are based only on the listed cases in which a justice participated and are rounded to the nearest one-tenth of one percentage point. | Notes on statistics: Opinion counts only include the bench opinions listed above; opinions relating to orders or in-chambers opinions are not included. Agreement with the Court's judgment does not guarantee agreement with the reasoning expressed in its opinion. A justice is not considered in agreement if they dissented even in part. Agreement percentages are based only on the listed cases in which a justice participated and are rounded to the nearest one-tenth of one percentage point. | 74 | 41 | 15 | 62 | 192 |