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2011 term United States Supreme Court opinions of Elena Kagan

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The 2011 term of the Supreme Court of the United States began October 3, 2011, and concluded September 30, 2012. This was the second term of Associate Justice Elena Kagan's tenure on the Court.
Elena Kagan 2011 term statistics
7
Majority or Plurality
1
Concurrence
0
Other
1
Dissent
1
Concurrence/dissent Total = 10
Bench opinions = 10 Opinions relating to orders = 0 In-chambers opinions = 0
Unanimous opinions: 5 Most joined by: Ginsburg (8) Least joined by: Roberts, Thomas, Alito (6)
Type Case Citation Issues Joined by Other opinions
101



Judulang v. Holder • [full text] 565 U.S. 42 (2011)

deportation  • discretionary relief  • comparable-grounds rule  • Administrative Procedure Act Unanimous
The Court ruled that the Board of Immigration Appeals' "comparable-grounds rule" was arbitrary and capricious under the Administrative Procedure Act. The rule was used by the agency to determine the eligibility for discretionary relief of a long-term resident alien facing deportation for a past criminal conviction. The comparable-grounds rule asked whether the statutory deportation ground corresponded, in type and breadth, to a statutory exclusion ground under which a long-term resident alien who left the U.S. could be barred from re-entry. "But so what if it does?", the Court asked. "Each of these statutory grounds contains a slew of offenses. Whether each contains the same slew has nothing to do with whether a deportable alien whose prior conviction falls within both grounds merits the ability to seek a waiver." Comparing the comparable-grounds rule to decisionmaking by coin toss, the Court wrote that the rule was "unmoored from the purposes and concerns of the immigration laws. It allows an irrelevant comparison between statutory provisions to govern a matter of the utmost importance—whether lawful resident aliens with longstanding ties to this country may stay here." The rule was made further arbitrary by the fact that an official's choice of which of overlapping statutory deportation grounds covered a particular prior crime would itself determine the outcome of the comparison.
102



National Meat Assn. v. Harris 565 U.S. 452 (2012)

Federal Meat Inspection Act  • regulation of slaughterhouses  • disposition of nonambulatory livestock  • federal preemption Unanimous
303



Messerschmidt v. Millender 565 U.S. 535 (2012)

Fourth Amendment  • law enforcement reliance on overbroad search warrant  • qualified immunity
Roberts
Breyer
Sotomayor
204



Kurns v. Railroad Friction Products Corp. 565 U.S. 625 (2012)

Locomotive Inspection Act  • injury from asbestos exposure  • state law claims for defective design and failure to warn  • federal preemption
Thomas
Sotomayor
105



Martel v. Claire 565 U.S. 648 (2012)

habeas corpus  • motion to substitute counsel in capital case  • Unanimous
106



Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S 566 U.S. 399 (2012)

pharmaceutical patents  • counterclaim by generic drug companies to force correction of patent-holder use code Unanimous
Sotomayor
107



Holder v. Martinez Gutierrez 566 U.S. 583 (2012)

cancellation of removal of alien  • imputation to child of parent's continuous residence or lawful permanent residence status Unanimous
408



Williams v. Illinois 567 U.S. 50 (2012)

Sixth Amendment  • Confrontation Clause  • expert testimony Scalia, Ginsburg, Sotomayor
Alito
Thomas
Breyer
109



Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak 567 U.S. 209 (2012)

Indian Reorganization Act  • government acquisition of property to provide to Native Americans  • sovereign immunity  • Quiet Title Act  • prudential standing Roberts, Scalia, Kennedy, Thomas, Ginsburg, Breyer, Alito
Sotomayor
110



Miller v. Alabama 567 U.S. 460 (2012)

Eighth Amendment  • Cruel and Unusual Punishment  • sentencing of juveniles to life without parole Kennedy, Ginsburg, Breyer, Sotomayor
Breyer
Roberts
Thomas
Alito

References

  • "2011 Term Opinions of the Court". Supreme Court of the United States. Retrieved October 23, 2012.
  • "2011 Term Opinions Relating to Orders". Supreme Court of the United States. Retrieved October 23, 2012.
  • "2011 Term In-Chambers Opinions". Supreme Court of the United States. Retrieved October 23, 2012.