Bench Memos

Today’s Opinions

Five rulings today.  A quick initial summary, with the usual thanks to SCOTUSblog:

 

Three majority opinions by Justice Breyer:  a 5-4 ruling (with an odd alignment:  Kennedy’s dissent was joined by Scalia, Ginsburg, and Alito) on an age-discrimination issue in Kentucky Retirement System v. EEOC; a 6-1-2 ruling (Kennedy partially dissenting, Scalia and Thomas dissenting) on an ERISA issue in Metropolitan Life Insurance Co. v. Glenn; and a 7-2 ruling (Scalia and Thomas dissenting) against a criminal defendant’s Sixth Amendment right to represent himself in Indiana v. Edwards.

 

A majority opinion by Justice Souter in Meacham v. Knolls Atomic Power Laboratory on a burden-of-persuasion issue on an age-discrimination claim.  Separate concurring opinion by Scalia; partial dissent by Thomas.

 

A majority opinion by Justice Stevens (with Breyer and Ginsburg dissenting) on a NLRA preemption issue in Chamber of Commerce v. Brown.

 

It now seems clear that either Scalia or Souter was assigned the lead opinion in District of Columbia v. Heller (the Second Amendment case).

 

I may have more commentary after I’ve read the opinions.

 

Update:  I’ve fixed a couple bad links.

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