# 2004 term opinions of the Supreme Court of the United States

The 2004 term of the Supreme Court of the United States began October 4, 2004, and concluded October 3, 2005. 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. ||||||||

## 2004 term opinions

| # | Case name and citation | Argued | Decided | Rehnquist | Stevens | O'Connor | Scalia | Kennedy | Souter | Thomas | Ginsburg | Breyer |
| 1 | Leocal v. Ashcroft, 543 U.S. 1 | October 12, 2004 | November 9, 2004 | | | | | | | | | |
| 2 | Norfolk Southern Ry. v. James N. Kirby, Pty Ltd., 543 U.S. 14 | October 6, 2004 | November 9, 2004 | | | | | | | | | |
| 3 | Smith v. Texas, 543 U.S. 37 | | November 15, 2004 | | | | | | | | | |
| 4 | Koons Buick Pontiac GMC, Inc. v. Nigh, 543 U.S. 50 | October 5, 2004 | November 30, 2004 | 2 | 1 | | | 2 | | 3 | | 1 |
| 5 | City of San Diego v. Roe, 543 U.S. 77 | | December 6, 2004 | | | | | | | | | |
| 6 | Kansas v. Colorado, 543 U.S. 86 | October 4, 2004 | December 7, 2004 | | * | | | | | * | | |
| 7 | KP Permanent Make-Up, Inc. v. Lasting Impression I, Inc., 543 U.S. 111 | October 5, 2004 | December 8, 2004 | | | | * | | | | | * |
| 8 | Kowalski v. Tesmer, 543 U.S. 125 | October 4, 2004 | December 13, 2004 | | | | | | | | | |
| 9 | Devenpeck v. Alford, 543 U.S. 146 | November 8, 2004 | December 13, 2004 | | | | | | | | | |
| 10 | Cooper Indus. v. Aviall Servs., 543 U.S. 157 | October 6, 2004 | December 13, 2004 | | | | | | | | | |
| 11 | Florida v. Nixon, 543 U.S. 175 | November 2, 2004 | December 13, 2004 | | | | | | | | | |
| 12 | Brosseau v. Haugen, 543 U.S. 194 | | December 13, 2004 | | | | | | | | | |
| 13 | Whitfield v. United States, 543 U.S. 209 | November 30, 2004 | January 11, 2005 | | | | | | | | | |
| 14 | United States v. Booker, 543 U.S. 220 | October 4, 2004 | January 12, 2005 | 24 | 11 | 24 | 11*2 | 24 | 11 | 13 | 12 | 24 |
| 15 | Jama v. Immigration & Customs Enforcement, 543 U.S. 335 | October 12, 2004 | January 12, 2005 | | | | | | | | | |
| 16 | Clark v. Martinez, 543 U.S. 371 | October 13, 2004 | January 12, 2005 | * | | | | | | | | |
| 17 | Illinois v. Caballes, 543 U.S. 405 | November 10, 2004 | January 24, 2005 | | | | | | 12 | | 2 | |
| 18 | Commissioner of Internal Revenue v. Banks, 543 U.S. 426 | November 1, 2004 | January 24, 2005 | | | | | | | | | |
| 19 | Howell v. Mississippi, 543 U.S. 440 | November 29, 2004 | January 24, 2005 | | | | | | | | | |
| 20 | Bell v. Cone, 543 U.S. 447 | | January 24, 2005 | | | | | | | | | |
| 21 | Smith v. Massachusetts, 543 U.S. 462 | December 1, 2004 | February 22, 2005 | | | | | | | | | |
| 22 | Stewart v. Dutra Construction Co., 543 U.S. 481 | November 1, 2004 | February 22, 2005 | | | | | | | | | |
| 23 | Johnson v. California, 543 U.S. 499 | November 2, 2004 | February 23, 2005 | | 1 | | 2 | | | 2 | | |
| 24 | Roper v. Simmons, 543 U.S. 551 | October 13, 2004 | March 1, 2005 | 2 | | 1 | 2 | | | 2 | | |
| 25 | Cherokee Nation v. Leavitt, 543 U.S. 631 | November 9, 2004 | March 1, 2005 | | | | | | | | | |
| 26 | Tenet v. Doe, 544 U.S. 1 | January 11, 2005 | March 2, 2005 | | 1 | | 2 | | | | 1 | |
| 27 | Shepard v. United States, 544 U.S. 13 | November 8, 2004 | March 7, 2005 | | | | | | * | * | | |
| 28 | Ballard v. Comm'r, 544 U.S. 40 | December 7, 2004 | March 7, 2005 | | | | | | | | | |
| 29 | Wilkinson v. Dotson, 544 U.S. 74 | December 6, 2004 | March 7, 2005 | | | | | | | | | |
| 30 | Muehler v. Mena, 544 U.S. 93 | December 8, 2004 | March 22, 2005 | | 1 | | | 2 | 1 | | 1 | 1 |
| 31 | Rancho Palos Verdes v. Abrams, 544 U.S. 113 | January 19, 2005 | March 22, 2005 | | 1 | 2 | | | 2 | | 2 | 2 |
| 32 | Brown v. Payton, 544 U.S. 133 | November 10, 2004 | March 22, 2005 | | | | 1 | | | 1 | | 2 |
| 33 | Jackson v. Birmingham Board of Education, 544 U.S. 167 | November 30, 2004 | March 29, 2005 | | | | | | | | | |
| 34 | City of Sherrill v. Oneida Indian Nation, 544 U.S. 197 | January 11, 2005 | March 29, 2005 | | | | | | | | | |
| 35 | Smith v. City of Jackson, 544 U.S. 228 | November 3, 2004 | March 30, 2005 | | * | 1 | *2 | 1 | | 1 | | |
| 36 | Rhines v. Weber, 544 U.S. 269 | January 12, 2005 | March 30, 2005 | | 1 | | | | 2 | | 12 | 12 |
| 37 | Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280 | February 23, 2005 | March 30, 2005 | | | | | | | | | |
| 38 | Johnson v. United States, 544 U.S. 295 | January 18, 2005 | April 4, 2005 | | | | | | | | | |
| 39 | Rousey v. Jacoway, 544 U.S. 320 | December 1, 2004 | April 4, 2005 | | | | | | | | | |
| 40 | Dura Pharmaceuticals v. Broudo, 544 U.S. 336 | January 12, 2005 | April 19, 2005 | | | | | | | | | |
| 41 | Pasquantino v. United States, 544 U.S. 349 | November 9, 2004 | April 26, 2005 | | | | * | | * | | | |
| 42 | Small v. United States, 544 U.S. 385 | November 3, 2004 | April 26, 2005 | | | | | | | | | |
| 43 | Pace v. DiGuglielmo, 544 U.S. 408 | February 28, 2005 | April 27, 2005 | | | | | | | | | |
| 44 | Bates v. Dow Agrosciences, L.L.C., 544 U.S. 431 | January 10, 2005 | April 27, 2005 | | | | | | | | | |
| 45 | Granholm v. Heald, 544 U.S. 460 | December 7, 2004 | May 16, 2005 | 2 | 12 | 12 | | | | 2 | | |
| 46 | Lingle v. Chevron U.S.A., Inc., 544 U.S. 528 | February 22, 2005 | May 23, 2005 | | | | | | | | | |
| 47 | Johanns v. Livestock Mktg. Ass'n, 544 U.S. 550 | December 8, 2004 | May 23, 2005 | | 2 | | | 12 | 2 | 1 | 2 | 3 |
| 48 | Clingman v. Beaver, 544 U.S. 581 | January 19, 2005 | May 23, 2005 | | | * | | | * | * | | ** |
| 49 | Deck v. Missouri, 544 U.S. 581 | March 1, 2005 | May 23, 2005 | | | | | | | | | |
| 50 | Medellín v. Dretke, 544 U.S. 660 | March 28, 2005 | May 23, 2005 | | 13 | 1 | * | | 12 | | | 13 |
| 51 | Arthur Andersen LLP v. United States, 544 U.S. 696 | April 27, 2005 | May 31, 2005 | | | | | | | | | |
| 52 | Cutter v. Wilkinson, 544 U.S. 709 | March 21, 2005 | May 31, 2005 | | | | | | | | | |
| 53 | Tory v. Cochran, 544 U.S. 734 | March 22, 2005 | May 31, 2005 | | | | | | | | | |
| 54 | Gonzales v. Raich, 545 U.S. 1 | November 29, 2004 | June 6, 2005 | 1* | | 1 | | | | 1*2 | | |
| 55 | Alaska v. United States, 545 U.S. 75 | January 10, 2005 | June 6, 2005 | * | | | * | | | * | | |
| 56 | Spector v. Norwegian Cruise Line Ltd., 545 U.S. 119 | February 28, 2005 | June 6, 2005 | | | | | * | | ** | * | * |
| 57 | Johnson v. California, 545 U.S. 162 | April 18, 2005 | June 13, 2005 | | | | | | | | | |
| 58 | Bradshaw v. Stumpf, 545 U.S. 175 | April 19, 2005 | June 13, 2005 | | | | 2 | | 1 | 2 | 1 | |
| 59 | Merck KGaA v. Integra Lifesciences I, Ltd., 545 U.S. 193 | April 20, 2005 | June 13, 2005 | | | | | | | | | |
| 60 | Wilkinson v. Austin, 545 U.S. 209 | March 30, 2005 | June 13, 2005 | | | | | | | | | |
| 61 | Miller-El v. Dretke, 545 U.S. 231 | December 6, 2004 | June 13, 2005 | | | | | | | | | |
| 62 | Grable & Sons Metal Prod. v. Darue Engineering, 545 U.S. 308 | April 18, 2005 | June 13, 2005 | | | | | | | | | |
| 63 | San Remo Hotel, L.P. v. City & County of San Francisco, 545 U.S. 323 | March 28, 2005 | June 20, 2005 | | | | | | | | | |
| 64 | Dodd v. United States, 545 U.S. 353 | March 22, 2005 | June 20, 2005 | | 1 | | | | 1* | | 1*2 | 1*2 |
| 65 | Rompilla v. Beard, 545 U.S. 374 | January 18, 2005 | June 20, 2005 | | | | | | | | | |
| 66 | Graham Cty. Soil & Water Consv. Dist. v. United States ex rel. Wilson, 545 U.S. 409 | April 20, 2005 | June 20, 2005 | | | | | | * | | | |
| 67 | Am. Trucking Ass'ns v. Mich. PSC, 545 U.S. 429 | April 26, 2005 | June 20, 2005 | | | | 1 | | | 2 | | |
| 68 | Mid-Con Freight Sys. v. Mich. PSC, 545 U.S. 440 | April 26, 2005 | June 20, 2005 | | | | | | | | | |
| 69 | Kelo v. City of New London, 545 U.S. 469 | February 22, 2005 | June 23, 2005 | 1 | | 1 | 1 | | | 12 | | |
| 70 | Gonzalez v. Crosby, 545 U.S. 524 | April 25, 2005 | June 23, 2005 | | | | | | | | | |
| 71 | Exxon Mobil Corp. v. Allapattah Servs., 545 U.S. 546 | March 1, 2005 | June 23, 2005 | | 12 | 2 | | | | | 2 | 12 |
| 72 | Orff v. United States, 545 U.S. 596 | February 23, 2005 | June 23, 2005 | | | | | | | | | |
| 73 | Halbert v. Michigan, 545 U.S. 605 | April 25, 2005 | June 23, 2005 | * | | | | | | | | |
| 74 | Mayle v. Felix, 545 U.S. 644 | April 19, 2005 | June 23, 2005 | | | | | | | | | |
| 75 | Van Orden v. Perry, 545 U.S. 677 | March 2, 2005 | June 27, 2005 | * | 13 | 2 | 1 | | 3 | 2 | 13 | 3 |
| 76 | Town of Castle Rock v. Gonzales, 545 U.S. 748 | March 21, 2005 | June 27, 2005 | | | | | | | | | |
| 77 | Bell v. Thompson, 545 U.S. 794 | April 26, 2005 | June 27, 2005 | | | | | | | | | |
| 78 | McCreary County v. ACLU, 545 U.S. 844 | March 2, 2005 | June 27, 2005 | | | | | * | | | | |
| 79 | Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., 545 U.S. 913 | March 29, 2005 | June 27, 2005 | 1 | 2 | 2 | | 1 | | | 1 | 2 |
| 80 | Nat'l Cable & Telecomms. Ass'n v. Brand X Internet Servs., 545 U.S. 967 | March 29, 2005 | June 27, 2005 | | 1 | | | | * | | * | 2 |
| # | Case name and citation | Argued | Decided | Rehnquist | Stevens | O'Connor | Scalia | Kennedy | Souter | Thomas | Ginsburg | Breyer |

## 2004 term membership and statistics

This was the nineteenth and final term of Chief Justice Rehnquist's tenure, as he died on September 3, 2005. It was the eleventh and final consecutive term in which the Court's membership had not changed.
| 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 | William Rehnquist | Richard Nixon | January 7, 1972 | 76.8% | 53/69 | 7 | 1 | 0 | 1 | 9 |
| Associate Justice | John Paul Stevens | Gerald Ford | December 19, 1975 | 72.5% | 58/80 | 8 | 8 | 1 | 12 | 29 |
| Associate Justice | Sandra Day O'Connor | Ronald Reagan | September 25, 1981 | 86.3% | 69/80 | 8 | 5 | 0 | 6 | 19 |
| Associate Justice | Antonin Scalia | Ronald Reagan | September 26, 1986 | 75% | 60/80 | 9 | 8 | 1 | 7 | 25 |
| Associate Justice | Anthony Kennedy | Ronald Reagan | February 18, 1988 | 86.3% | 69/80 | 9 | 5 | 0 | 5 | 19 |
| Associate Justice | David Souter | George H. W. Bush | October 9, 1990 | 80% | 64/80 | 8 | 4 | 0 | 7 | 19 |
| Associate Justice | Clarence Thomas | George H. W. Bush | October 23, 1991 | 73.8% | 59/80 | 8 | 10 | 2 | 13 | 33 |
| Associate Justice | Ruth Bader Ginsburg | Bill Clinton | August 10, 1993 | 78.8% | 63/80 | 8 | 6 | 0 | 7 | 21 |
| Associate Justice | Stephen Breyer | Bill Clinton | August 3, 1994 | 86.3% | 69/80 | 10 | 11 | 0 | 4 | 25 |
| 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. | 75 | 58 | 4 | 62 | 199 |