2021 Term (Oct. 2021 - Sept. 2022)
Biden v. Texas (5-4 Opinion by Chief Justice Roberts and joined by Justices Breyer, Sotomayor, Kagan and Kavanaugh on June 30, 2022. Justice Kavanaugh filed a concurring opinion. Justice Alito filed a dissenting opinion, in which Justices Thomas and Gorsuch joined. Justice Barrett filed a dissenting opinion, in which Justices Thomas, Alito, and Gorsuch joined as to all but the first sentence.)
Summary: The Court reversed and remanded the Fifth Circuit Court of Appeals. The Court held that the government’s rescission of Migrant Protection Protocols did not violate Section 1225 of the Immigration and Nationality Act, and the then-Secretary of Homeland Security’s Oct. 29 memoranda constituted valid final agency action.
Decision is available here: https://www.supremecourt.gov/opinions/21pdf/21-954_7l48.pdf
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Oklahoma v. Castro-Huerta (5-4 Opinion by Justice Kavanaugh, joined by Chief Justice Roberts and Justices Thomas, Alito, and Barrett on June 29, 2022. Justice Gorsuch filed a concurring opinion. Justice Gorsuch, joined by Justices Breyer, Sotomayor and Kagan, filed a dissenting opinion.)
Summary: The Court reversed and remanded the Court of Criminal Appeals of Oklahoma. The Court held that the Federal Government and the State have concurrent jurisdiction to prosecute crimes committed by non-Indians against Indians in Indian country.
Decision is available here: https://www.supremecourt.gov/opinions/21pdf/21-429_8o6a.pdf
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Ruan v United States (9-0 Opinion by Justice Breyer, and joined by Chief Justice Roberts, and Justices Sotomayor, Kagan, Gorsuch and Kavanaugh on June 27, 2022. Justice Alito wrote a concurring opinion, in which Justice Tomas joined and in which Justice Barrett joined as to Parts I-A, I-B, and II.)
Summary: The Court vacated and remanded the Eleventh Circuit Court of Appeals. The Court held that 21 U.S.C. Section 841’s “knowingly or intentionally” mens rea applies to the statute’s “except as authorized” clause. Once a defendant meets the burden of producing evidence that his or her conduct was “authorized,” the Government must prove beyond a reasonable doubt that the defendant knowingly or intentionally acted in an unauthorized manner.
Decision is available here: https://www.supremecourt.gov/opinions/21pdf/20-1410_1an2.pdf
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Concepcion v United States (5-4 Opinion by Justice Sotomayor and joined by Justices Thomas, Breyer, Kagan and Gorsuch on June 27, 2022. Justice Kavanaugh, joined by Chief Justice Roberts and Justices Alito and Barrett, filed a dissenting opinion.)
Summary: The Court reversed and remanded the First Circuit Court of Appeals. The Court held that the First Step Act allows district courts to consider intervening changes of law or fact in exercising their discretion to reduce a sentence.
Decision is available here: https://www.supremecourt.gov/opinions/21pdf/20-1650_3dq3.pdf
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Dobbs v Jackson Women’s Health Organization (6-3 Opinion by Justice Alito, and joined by Chief Justice Roberts, Thomas, Gorsuch, Kavanaugh, and Barrett on June 24, 2022. Justices Thomas and Kavanaugh filed concurring opinion. Chief Justice Roberts filed an opinion concurring in the judgment. Justices Breyer, Sotomayor and Kagan filed a dissenting opinion.)
Summary: The Court reversed and remanded the Fifth Circuit Court of Appeals. The Court held that the U.S. Constitution does not confer a right to abortion; Roe v. Wade and Casey v. Planned Parenthood of Southeastern Pa are overruled; and the authority to regulate abortion rests with the states.
Decision is available here: https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf
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Nance v. Ward (5-4 Opinion by Justice Kagan, joined by Chief Justice Roberts and Justices Breyer, Sotomayor and Kavanaugh on June 23, 2022. Justice Barrett filed a dissenting opinion, joined by Justices Thomas, Alito and Gorsuch.)
Summary: The Court reversed and remanded the Eleventh Circuit Court of Appeals. The Court held that Section 1983 remains an appropriate vehicle for a prisoner’s method-of-execution claim where, as here, the prisoner proposes an alternative method not authorized by the State’s death-penalty statute.
Decision is available here: https://www.supremecourt.gov/opinions/21pdf/21-439_bp7c.pdf
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New York State Rifle and Pistol Association v Bruen (6-3 Opinion by Justice Thomas, joined by Chief Justice Roberts and Justices Alito, Gorsuch, Kavanaugh and Barrett on June 23, 2022. Justice Alito filed a concurring opinion. Justice Kavanaugh filed a concurring opinion joined by Chief Justice Roberts. Justice Barrett filed a concurring opinion. Justice Breyer, joined by Justices Sotomayor and Kagan, filed a dissenting opinion.)
Summary: The Court reversed and remanded the Second Circuit Court of Appeals. The Court held that New York’s proper-cause requirement violates the Fourteenth Amendment by preventing law-abiding citizens with ordinary self-defense needs from exercising their Second Amendment right to keep and bear arms in public for self-defense.
Decision is available here: https://www.supremecourt.gov/opinions/21pdf/20-843_7j80.pdf
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Vega v. Tekoh (6-3 Opinion by Justice Alito, and joined by Chief Justice Roberts, Thomas, Gorsuch, Kavanaugh, and Barrett on June 23, 2022. Justice Kagan, joined by Justices Breyer and Sotomayor, filed a dissenting opinion.)
Summary: The Court reversed and remanded the Ninth Circuit Court of Appeals. The Court held that a violation of the Miranda rules does not provide a basis for a §1983 claim because although Section 1983 provides a cause of action against any person acting under color of state law who “subjects” a person “to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws,” a violation of Miranda does not constitute a violation of the Fifth Amendment right against compelled self-incrimination.
Decision is available here: https://www.supremecourt.gov/opinions/21pdf/21-499_gfbh.pdf
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Shoop v. Twyford, (5-4 Opinion by Chief Justice Roberts, joined by Justices Thomas, Alito, Kavanaugh and Barrett on June 21, 2022. Justice Breyer, joined by Justices Sotomayor and Kagan, filed a dissenting opinion. Justice Gorsuch filed a dissenting opinion.
Summary: The Court reversed and remanded the Sixth Circuit Court of Appeals. The Court held that a transportation order that allows a prisoner to search for new evidence is not “necessary or appropriate in aid of” a federal court’s adjudication of a habeas corpus action under the Antiterrorism and Effective Death Penalty Act when the prisoner has not shown that the desired evidence would be admissible in connection with a particular claim for relief.
Decision is available here: https://www.supremecourt.gov/opinions/21pdf/21-511_o75p.pdf
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United States v. Taylor (7-2 Opinion by Justice Gorsuch, and joined by Chief Justice Roberts, Breyer, Sotomayor, Kagan, Kavanaugh, and Barrett on June 13, 2022. Justice Thomas and Justice Alito filed dissenting opinions.
Summary: The Court affirmed the Sixth Circuit Court of Appeals. The Court held that a conviction for attempted Hobbs Act robbery does not qualify as a “crime of violence” under U.S.C. §924(c)(3)(A) because no element of the offense requires proof that the defendant used, attempted to use, or threatened to use force.
Decision is available here: https://www.supremecourt.gov/opinions/21pdf/20-1459_n7ip.pdf
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Kemp v United States, (8-1 Opinion by Justice Thomas, joined by Chief Justice Roberts, and Justices Breyer, Alito, Sotomayor, Kagan, Kavanaugh, and Barrett on June 13, 2022. Justice Sotomayor filed a concurring opinion. Justice Gorsuch filed a dissenting opinion.)
Summary: The Court affirmed the Eleventh Circuit Court of Appeals. The Court held that the term “mistake” in Rule 60(b)(1) of the Federal Rules of Civil Procedure includes a judge’s errors of law, and because Kemp’s motion to reopen his 28 U.S.C. §2255 proceedings alleged such a legal error, it was cognizable under Rule 60(b)(1) and untimely under Rule 60(c)’s 1-year limitations period.
Decision is available here: https://www.supremecourt.gov/opinions/21pdf/21-5726_5iel.pdf
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Garland v Aleman Gonzalez (6-3 Opinion by Justice Alito, and joined by Chief Justice Roberts, Thomas, Gorsuch, Kavanaugh, and Barrett on June 13, 2022. Justice Sotomayor filed an opinion concurring in the judgment in part and dissenting in part, in which Justice Kagan joined, and in which Justice Breyer joined as to Parts II-A-2, II-B-2, and III.)
Summary: The Court reversed and remanded the Ninth Circuit Court of Appeals. The Court held that Section 1252(f )(1) of the Immigration and Nationality Act deprived the District Courts of jurisdiction to entertain respondents’ requests for class-wide injunctive relief.
Decision is available here: https://www.supremecourt.gov/opinions/21pdf/20-322_m6hn.pdf
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Johnson v. Arteaga-Martinez (9-0 Opinion by Justice Sotomayor and joined by Chief Justice Roberts and Justices Thomas, Alito, Kagan Gorsuch, Kavanaugh and Barrett on June 13, 2022. Justice Thomas filed a concurring opinion, in which Justice Gorsuch joined as to Part I. Justice Breyer filed an opinion concurring in part and dissenting in part.
Summary: The Court reversed and remanded the Third Circuit Court of Appeals. The Court held that Section 1231(a)(6) of the Immigration and Nationality Act does not require the Government to provide noncitizens detained for six months with bond hearings in which the Government bears the burden of proving, by clear and convincing evidence, that a noncitizen poses a flight risk or a danger to the community.
Decision is available here: https://www.supremecourt.gov/opinions/21pdf/19-896_2135.pdf
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Denezpi v United States (6-3 Opinion by Justice Barrett, joined by Chief Justice Roberts and Justices Thomas, Breyer, Alito, and Kavanaugh, on June 13, 2022. Justice Gorsuch filed a dissenting opinion, in which Justices Sotomayor and Kagan joined as to Parts I and III.)
Summary: The Court affirmed the Tenth Circuit Court of Appeals. The Court held that the Double Jeopardy Clause of the Fifth Amendment does not bar successive prosecutions of distinct offenses arising from a single act, even if a single sovereign prosecutes them.
Decision is available here: https://www.supremecourt.gov/opinions/21pdf/20-7622_ljgm.pdf
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Egbert v. Boule, (6-3 Opinion by Justice Thomas, joined by Chief Justice Roberts and Justices Alito, Kavanaugh, and Barrett on June 8, 2022. Justice Gorsuch filed a concurring opinion. Justice Sotomayor, joined by Justices Breyer and Kagan, filed an opinion concurring in part and dissenting in part.)
Summary: The Court reversed the Ninth Circuit Court of Appeals. The Court held that two constitutional damages actions to proceed against a U. S. Border Patrol agent on a Fourth Amendment excessive-force claim and a First Amendment retaliation claim were not allowable as an implied cause of action under Bivens v. Six Unknown Fed. Narcotics Agents, 403 U. S. 388 (1971).
Decision is available here: https://www.supremecourt.gov/opinions/21pdf/21-147_g31h.pdf
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United States v. Shinn and Ramirez, (6-3 Opinion by Justice Thomas, joined by Chief Justice Roberts and Justices Alito, Gorsuch, Kavanaugh and Barrett on May 23, 2022. Justice Sotomayor, joined by Justices Breyer and Kagan, filed dissenting opinion.)
Summary: The Court reversed the Ninth Circuit Court of Appeals. The Court held that Under 28 U.S.C. § 2254(e)(2), a federal habeas court may not conduct an evidentiary hearing or otherwise consider evidence beyond the state court record based on the ineffective assistance of state postconviction counsel.
Decision is available here: https://www.supremecourt.gov/opinions/21pdf/20-1009_19m2.pdf
For more information about this decision, see the article linked here. Please note that the views expressed in this article do not represent those of the American Bar Association.
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Brown v. Davenport, (6-3 Opinion by Justice Gorsuch, joined by Chief Justice Roberts and Justices Thomas, Alito, Kavanaugh and Barrett on April 21, 2022. Justice Kagan, joined by Justices Breyer and Sotomayor, filed a dissenting opinion.)
Summary: The Court reversed the Sixth Circuit Court of Appeals. The Court held that when a state court has ruled on the merits of a state prisoner’s claim, a federal court cannot grant habeas relief without applying both the test this Court outlined in Brecht v. Abrahamson and the one Congress prescribed in the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA); the Sixth Circuit erred in granting habeas relief to Mr. Davenport based solely on its assessment that he could satisfy the Brecht standard.
Decision is available here: https://www.supremecourt.gov/opinions/21pdf/20-826_p702.pdf
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Thompson v. Clark, (6-3 Opinion by Justice Kavanaugh, joined by Chief Justice Roberts and Justices Breyer, Sotomayor, Kagan, and Barrett on April 4, 2022. Justice Alito, joined by Justices Thomas and Gorsuch, filed a dissenting opinion.)
Summary: The Court reversed and remanded the Second Circuit Court of Appeals. The Court held that, in a Fourth Amendment claim under §1983 for malicious prosecution, the plaintiff satisfied the requirement of a “favorable termination” of the underlying criminal prosecution by showing that his prosecution ended without a conviction, and that an affirmative indication of innocence was not needed.
Decision is available here: https://www.supremecourt.gov/opinions/21pdf/20-659_3ea4.pdf
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Ramirez v. Collier, (8-1 Opinion by Chief Justice Roberts joined by Justices Breyer, Alito, Kagan, Sotomayor, Gorsuch, Kavanaugh and Barrett on March 24, 2022. Justices Sotomayor and Kavanaugh filed concurring opinions. Justice Thomas filed a dissenting opinion.)
Summary: The Court reversed and remanded the Fifth Circuit Court of Appeals. The Court held that Ramirez is likely to succeed on his Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) claims because Texas’s restrictions on religious touch and audible prayer in the execution chamber burden religious exercise and are not the least restrictive means of furthering the State’s compelling interests.
Decision is available here: https://www.supremecourt.gov/opinions/21pdf/21-5592_feah.pdf
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United States v. Tsarnaev, (6-3 Opinion by Justice Thomas, joined by Chief Justice Roberts and Justices Alito, Gorsuch, Kavanaugh and Barrett on March 4, 2022. Justice Barret, joined by Justice Gorsuch, filed a concurring opinion. Justice Breyer filed a dissenting opinion in which Justice Kagan joined, and Justice Sotomayor joined except for Part II-C.)
Summary: The Court reversed the First Circuit Court of Appeals and reinstated the capital sentences of Tsarnaev. The Court held that the district court did not abuse its discretion by declining to ask about the content and extent of each juror’s media consumption regarding the bombings, or by excluding from the sentencing proceedings evidence of the Waltham murders.
Decision is available here: https://www.supremecourt.gov/opinions/21pdf/20-443_m6ho.pdf
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FBI v. Fazaga, (9-0 Opinion by Justice Alito on March 4, 2022.)
Summary: The Court reversed and remanded the Ninth Circuit Court of Appeals. The Court held that Section 1806(f) of the Foreign Intelligence Services Act does not displace the state’s secret privilege.
Decision is available here: https://www.scotusblog.com/wp-content/uploads/2022/03/20-828.pdf
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United States v. Zubaydah ( 7-2 Opinion on March 3, 2022, by Justice Breyer except as to Parts II-B-2 and III, joined in full by Chief Justice Roberts, joined as to all but Part II-B-2 by Justices Kavanaugh and Barrett, joined as to all but Parts III and IV and the judgment of dismissal by Justice Kagan, and joined by Justices Thomas and Alito as to Part IV. Justice Thomas, concurred in part and concurred in the judgment, in which Alito joined. Justice Kavanaugh filed an opinion concurring in part, in which Justice joined. Justice Kagan filed an opinion concurring in part and dissenting in part. Justice Gorsuch filed a dissenting opinion, joined by Justice Sotomayor.)
Summary: The Court reversed and remanded the Ninth Circuit Court of Appeals with instructions to dismiss Zuhaydah’s current discovery application. The Court held that the district court erred in dismissing Zubaydah’s discovery request on the basis of the state secrets privilege, specifically as applied as to the existence (or nonexistence) of a CIA facility in Poland.
Decision is available here: https://www.supremecourt.gov/opinions/21pdf/20-827_i426.pdf
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Rivas-Villegas v. Cortesluna (Per Curiam Opinion on October 18, 2021)
Summary: The Court summarily reversed the Ninth Circuit Court of Appeals. The Court held that previous case law did not give fair notice to Officer Rivas-Villegas that his conduct constituted excessive force in violation of clearly established statutory or constitutional rights and therefore he is entitled to qualified immunity.
Decision is available at:
https://www.supremecourt.gov/opinions/21pdf/20-1668_19m2.pdf
City of Tahlequah, Oklahoma v. Bond (Per Curiam Opinion on October 18, 2021)
Summary: The Court summarily reversed the Tenth Circuit Court of Appeals. The Court held that the conduct by the police officers did not violate any clearly established violation of statutory or constitutional rights, and thus, they are entitled to qualified immunity.
Decision is available at:
https://www.supremecourt.gov/opinions/21pdf/20-1539_09m1.pdf