2009 term United States Supreme Court opinions of John Roberts
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{{SCOTUS-justice-listframe , firstname=John , lastname=Roberts , chief=yes , image=File:File-Official roberts CJ cropped.jpg , term=2009 , tenurecount=fifth , startdate=October 5, 2009 , enddate=October 3, 2010 , majority=8 , concurrence=3 , concurrencedissent=2 , dissent=4 , other=2 , benchcount=15 , relatingtoorders=2 , inchambers=2 , unanimous=0 , mostjoinedby=Scalia (11) , leastjoinedby=Breyer (3) , url-courtopinions=https://www.supremecourt.gov/opinions/slipopinion/09 , url-relatingtoorders=https://www.supremecourt.gov/opinions/relatingtoorders/09 , url-inchambers=https://www.supremecourt.gov/opinions/in-chambers/09 , accessdate=October 4, 2010 , opinionstemplate=John Roberts opinions , courttemplate=SCOTUSterm2009-2010 , entries= {{SCOTUS-justice-listentry , #=01 , case=Beard v. Kindler , type=majority , volume=558 , page=53 , year=2009 , issues=
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
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adequate and independent state ground The adequate and independent state ground doctrine is a doctrine of United States law governing the power of the U.S. Supreme Court to review judgments entered by state courts. Introduction It is part of the basic framework of the American l ...
doctrine {{* discretionary state procedural rules , joined=Stevens, Scalia, Kennedy, Thomas, Ginsburg, Breyer, Sotomayor , otheropinion1type=concurrence , , otheropinion1author=Kennedy , , otheropinion1link=2009 term United States Supreme Court opinions of Anthony Kennedy#Beard v. Kindler , summary= {{SCOTUS-justice-listentry , #=02 , case=South Carolina v. North Carolina , type=concurrencedissent , volume=558 , page=256 , year=2010 , issues=state apportionment of the
Catawba River The Catawba River originates in Western North Carolina and flows into South Carolina, where it later becomes known as the Wateree River. The river is approximately 220 miles (350 km) long. It rises in the Appalachian Mountains and drains into ...
waters {{* intervention by municipal entity in original action , joined=Thomas, Ginsburg, Sotomayor , otheropinion1type=majority , , otheropinion1author=Alito , , otheropinion1link=2009 term United States Supreme Court opinions of Samuel Alito#South Carolina v. North Carolina , summary= {{SCOTUS-justice-listentry , #=03 , case=Citizens United v. Federal Election Comm'n , type=concurrence , volume=558 , page=310 , year=2010 , issues= campaign finance reform {{*
Bipartisan Campaign Reform Act of 2002 The Bipartisan Campaign Reform Act of 2002 (, ), commonly known as the McCain–Feingold Act or BCRA (pronounced "bik-ruh"), is a United States federal law that amended the Federal Election Campaign Act of 1971, which regulates the financing of ...
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First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
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free speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recog ...
{{* corporate speech , joined=Alito , otheropinion1type=majority , , otheropinion1author=Kennedy , , otheropinion1link=2009 term United States Supreme Court opinions of Anthony Kennedy#Citizens United v. Federal Election Comm'n , otheropinion2type=concurrence , , otheropinion2author=Scalia , , otheropinion2link=2009 term United States Supreme Court opinions of Antonin Scalia#Citizens United v. Federal Election Comm'n , otheropinion3type=concurrencedissent , , otheropinion3author=Stevens , , otheropinion3link=2009 term United States Supreme Court opinions of John Paul Stevens#Citizens United v. Federal Election Comm'n , otheropinion4type=concurrencedissent , , otheropinion4author=Thomas , , otheropinion4link=2009 term United States Supreme Court opinions of Clarence Thomas#Citizens United v. Federal Election Comm'n , summary= {{SCOTUS-justice-listentry , #=04 , case1=Virginia v. Harris , type=dissent , volume=558 , page=978 , year=2009 , issues= Fourth Amendment {{* investigative stops {{* drunk driving , joined=Scalia , summary=Roberts dissented from the Court's denial of certiorari. The Virginia Supreme Court had ruled that a police officer violated the Fourth Amendment when he stopped a driver reported to be drunk and driving dangerously, because the officer did not first independently verify that he was driving dangerously. Roberts questioned the wisdom of this rule given the imminent danger posed by drunk driving, characterizing the effect of the decision as "to grant drunk drivers 'one free swerve' before they can be pulled over by the police." Roberts noted that lower courts had split on the issue of when and whether the Fourth Amendment required independent verification. "Maybe the decision of the Virginia Supreme Court was correct," he wrote, "and the Fourth Amendment bars police from acting on anonymous tips of drunk driving unless they can verify each tip. If so, then the dangerous consequences of this rule are unavoidable. But the police should have every legitimate tool at their disposal for getting drunk drivers off the road. I would grant certiorari to determine if this is one of them." {{SCOTUS-justice-listentry , #=05 , case=Hemi Group, LLC v. City of New York , type=majority , volume=559 , page=1 , year=2010 , issues=
Racketeer Influenced and Corrupt Organizations Act The Racketeer Influenced and Corrupt Organizations (RICO) Act is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. RICO was en ...
{{* Jenkins Act {{* local taxation of online cigarette sales {{* lost tax revenue as injury to municipality , joined=Scalia, Thomas, Alito; Ginsburg (in part) , otheropinion1type=concurrence , , otheropinion1author=Ginsburg , , otheropinion1link=2009 term United States Supreme Court opinions of Ruth Bader Ginsburg#Hemi Group, LLC v. City of New York , otheropinion2type=dissent , , otheropinion2author=Breyer , , otheropinion2link=2009 term United States Supreme Court opinions of Stephen Breyer#Hemi Group, LLC v. City of New York , summary= {{SCOTUS-justice-listentry , #=06 , case1=Machado v. Holder , type=dissent , volume=559 , page=966 , year=2010 , issues=
ineffective assistance of counsel In United States law, ineffective assistance of counsel (IAC) is a claim raised by a convicted criminal defendant asserting that the defendant's legal counsel performed so ineffectively that it deprived the defendant of the constitutional right gua ...
, joined=Scalia, Thomas, Alito , summary=Roberts dissented from the Court's summary granting of ''certiorari'', vacatur of the lower Court's opinion, and remand of the case. {{SCOTUS-justice-listentry , #=07 , case=United States v. Stevens , type=majority , volume=559 , page=460 , year=2010 , issues=criminalization of depictions of
animal cruelty Cruelty to animals, also called animal abuse, animal neglect or animal cruelty, is the infliction by omission (neglect) or by commission by humans of suffering or harm upon non-human animals. More narrowly, it can be the causing of harm or su ...
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First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
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free speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recog ...
, joined=Stevens, Scalia, Kennedy, Thomas, Ginsburg, Breyer, Sotomayor , otheropinion1type=dissent , , otheropinion1author=Alito , , otheropinion1link=2009 term United States Supreme Court opinions of Samuel Alito#United States v. Stevens , summary= {{SCOTUS-justice-listentry , #=08 , case=Conkright v. Frommert , type=majority , volume=559 , page=506 , year=2010 , issues= Employee Retirement Income Security Act of 1974 {{*
standard of review In law, the standard of review is the amount of deference given by one court (or some other appellate tribunal) in reviewing a decision of a lower court or tribunal. A low standard of review means that the decision under review will be varied or o ...
of plan administrator interpretration , joined=Scalia, Kennedy, Thomas, Alito , otheropinion1type=dissent , , otheropinion1author=Breyer , , otheropinion1link=2009 term United States Supreme Court opinions of Stephen Breyer#Conkright v. Frommert , summary= {{SCOTUS-justice-listentry , #=09 , case=Salazar v. Buono , type=concurrence , volume=559 , page=700 , year=2010 , issues= Article III {{*
standing Standing, also referred to as orthostasis, is a position in which the body is held in an ''erect'' ("orthostatic") position and supported only by the feet. Although seemingly static, the body rocks slightly back and forth from the ankle in the s ...
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First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
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Establishment Clause In United States law, the Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The relevant constitutional text ...
{{* display of religious symbol on government land {{* land transfer from government to private owner , joined= , otheropinion1type=plurality , , otheropinion1author=Kennedy , , otheropinion1link=2009 term United States Supreme Court opinions of Anthony Kennedy#Salazar v. Buono , otheropinion2type=concurrence , , otheropinion2author=Scalia , , otheropinion2link=2009 term United States Supreme Court opinions of Antonin Scalia#Salazar v. Buono , otheropinion3type=concurrence , , otheropinion3author=Alito , , otheropinion3link=2009 term United States Supreme Court opinions of Samuel Alito#Salazar v. Buono , otheropinion4type=dissent , , otheropinion4author=Stevens , , otheropinion4link=2009 term United States Supreme Court opinions of John Paul Stevens#Salazar v. Buono , otheropinion5type=dissent , , otheropinion5author=Breyer , , otheropinion5link=2009 term United States Supreme Court opinions of Stephen Breyer#Salazar v. Buono , summary= {{SCOTUS-justice-listentry , #=10 , case=Renico v. Lett , type=majority , volume=559 , page=766 , year=2010 , issues= Fifth Amendment {{* Double Jeopardy Clause {{* retrial after
mistrial In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, ...
, joined=Scalia, Kennedy, Thomas, Ginsburg, Alito , otheropinion1type=dissent , , otheropinion1author=Stevens , , otheropinion1link=2009 term United States Supreme Court opinions of John Paul Stevens#Renico v. Lett , summary= {{SCOTUS-justice-listentry , #=11 , case=Jackson v. District of Columbia Board of Elections and Ethics , type=other , volume=559 , page=1301 , year=2010 , issues=
Same-sex marriage in the District of Columbia In the District of Columbia, same-sex marriage has been legal since March 3, 2010. On December 18, 2009, Mayor Adrian Fenty signed a bill passed by the D.C. Council on December 15 legalizing same-sex marriage. Following the signing, the measure ...
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referendum A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
process , joined= , summary=Roberts denied an application for a stay of the D.C. Religious Freedom and Civil Marriage Equality Amendment Act, which legalized same-sex marriage in Washington, D.C. effective March 3, 2010. {{SCOTUS-justice-listentry , #=12 , case=Graham v. Florida , type=concurrence , volume=560 , page=48 , year=2010 , issues= Eighth Amendment {{* cruel and unusual punishment {{* sentencing of juveniles to life imprisonment for nonhomicide crimes , joined= , otheropinion1type=majority , , otheropinion1author=Kennedy , , otheropinion1link=2009 term United States Supreme Court opinions of Anthony Kennedy#Graham v. Florida , otheropinion2type=concurrence , , otheropinion2author=Stevens , , otheropinion2link=2009 term United States Supreme Court opinions of John Paul Stevens#Graham v. Florida , otheropinion3type=dissent , , otheropinion3author=Thomas , , otheropinion3link=2009 term United States Supreme Court opinions of Clarence Thomas#Graham v. Florida , otheropinion4type=dissent , , otheropinion4author=Alito , , otheropinion4link=2009 term United States Supreme Court opinions of Samuel Alito#Graham v. Florida , summary= {{SCOTUS-justice-listentry , #=13 , case=Robertson v. United States ex rel. Watson , type=dissent , volume=560 , page=272 , year=2010 , issues=
criminal contempt Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the cour ...
proceedings initiated by private action , joined=Scalia, Kennedy, Sotomayor , otheropinion1type=majority , , otheropinion1author=''per curiam'' , , otheropinion1link=2009 term per curiam opinions of the Supreme Court of the United States#Robertson v. United States ex rel. Watson , otheropinion2type=dissent , , otheropinion2author=Sotomayor , , otheropinion2link=2009 term United States Supreme Court opinions of Sonia Sotomayor#Robertson v. United States ex rel. Watson , summary=Roberts dissented from the Court's ''per curiam'' dismissal of the writ of ''certiorari'' as improvidently granted. {{SCOTUS-justice-listentry , #=14 , case=Alabama v. North Carolina , type=concurrencedissent , volume=560 , page=330 , year=2010 , issues= Southeast Interstate Low-Level Radioactive Waste Compact , joined=Thomas , otheropinion1type=majority , , otheropinion1author=Scalia , , otheropinion1link=2009 term United States Supreme Court opinions of Antonin Scalia#Alabama v. North Carolina , otheropinion2type=concurrence , , otheropinion2author=Kennedy , , otheropinion2link=2009 term United States Supreme Court opinions of Anthony Kennedy#Alabama v. North Carolina , otheropinion3type=concurrencedissent , , otheropinion3author=Breyer , , otheropinion3link=2009 term United States Supreme Court opinions of Stephen Breyer#Alabama v. North Carolina , summary= {{SCOTUS-justice-listentry , #=15 , case=Dolan v. United States , type=dissent , volume=560 , page=605 , year=2010 , issues= Mandatory Victims Restitution Act {{* deadline for restitution order , joined=Stevens, Scalia, Kennedy , otheropinion1type=majority , , otheropinion1author=Breyer , , otheropinion1link=2009 term United States Supreme Court opinions of Stephen Breyer#Dolan v. United States , summary= {{SCOTUS-justice-listentry , #=16 , case=Holder v. Humanitarian Law Project , type=majority , volume=561 , page=1 , year=2010 , issues=
USA Patriot Act The USA PATRIOT Act (commonly known as the Patriot Act) was a landmark Act of the United States Congress, signed into law by President George W. Bush. The formal name of the statute is the Uniting and Strengthening America by Providing Appro ...
{{* nonviolent training and expert advice as material support to terrorism {{*
standing Standing, also referred to as orthostasis, is a position in which the body is held in an ''erect'' ("orthostatic") position and supported only by the feet. Although seemingly static, the body rocks slightly back and forth from the ankle in the s ...
{{* Fifth Amendment {{* Due Process Clause {{*
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
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free speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recog ...
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freedom of association Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline mem ...
, joined=Stevens, Scalia, Kennedy, Thomas, Alito , otheropinion1type=dissent , , otheropinion1author=Breyer , , otheropinion1link=2009 term United States Supreme Court opinions of Stephen Breyer#Holder v. Humanitarian Law Project , summary= {{SCOTUS-justice-listentry , #=17 , case=Doe v. Reed , type=majority , volume=561 , page=186 , year=2010 , issues=public disclosure of referendum petitions {{*
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
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free speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recog ...
, joined=Kennedy, Ginsburg, Breyer, Alito, Sotomayor , otheropinion1type=concurrence , , otheropinion1author=Stevens , , otheropinion1link=2009 term United States Supreme Court opinions of John Paul Stevens#Doe v. Reed , otheropinion2type=concurrence , , otheropinion2author=Scalia , , otheropinion2link=2009 term United States Supreme Court opinions of Antonin Scalia#Doe v. Reed , otheropinion3type=concurrence , , otheropinion3author=Breyer , , otheropinion3link=2009 term United States Supreme Court opinions of Stephen Breyer#Doe v. Reed , otheropinion4type=concurrence , , otheropinion4author=Alito , , otheropinion4link=2009 term United States Supreme Court opinions of Samuel Alito#Doe v. Reed , otheropinion5type=concurrence , , otheropinion5author=Sotomayor , , otheropinion5link=2009 term United States Supreme Court opinions of Sonia Sotomayor#Doe v. Reed , otheropinion6type=dissent , , otheropinion6author=Thomas , , otheropinion6link=2009 term United States Supreme Court opinions of Clarence Thomas#Doe v. Reed , summary= {{SCOTUS-justice-listentry , #=18 , case=Free Enterprise Fund v. Public Company Accounting Oversight Bd. , type=majority , volume=561 , page=477 , year=2010 , issues= Sarbanes-Oxley Act of 2002 {{*
Public Company Accounting Oversight Board The Public Company Accounting Oversight Board (PCAOB) is a nonprofit corporation created by the Sarbanes–Oxley Act of 2002 to oversee the audits of public companies and other issuers in order to protect the interests of investors and further t ...
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separation of powers Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typic ...
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Appointments Clause The Appointments Clause of Article II, Section 2, Clause 2, of the United States Constitution empowers the President of the United States to nominate and, with the advice and consent (confirmation) of the United States Senate, appoint public offi ...
, joined=Scalia, Kennedy, Thomas, Alito , otheropinion1type=dissent , , otheropinion1author=Breyer , , otheropinion1link=2009 term United States Supreme Court opinions of Stephen Breyer#Free Enterprise Fund v. Public Company Accounting Oversight Bd. , summary= {{SCOTUS-justice-listentry , #=19 , case1=Lux v. Rodrigues , type=other , volume=561 , page=1306 , year=2010 , issues=signatures required to appear on congressional ballot , joined= , summary=Roberts denied an application for an injunction.