Federal Judiciary

Today’s Opinions

By Akin Gump Supreme Court Practice Group

The Court has released three opinions today. The blog will post in more detail on the decisions after oral arguments today.

The Court has released the opinion in Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran v. Elahi (07-615). The judgment below is reversed in an opinion by Justice Breyer. Justice Kennedy filed an opinion concurring in part and dissenting in part, joined by Justices Souter and Ginsburg. The decision is unanimous in part I and part II, and Kennedy, Souter and Ginsburg dissent from part III and part IV on whether the contractor waived his right to attach the blocked asset. The opinion is available here.

The Court has released the opinion in Shinseki v. Sanders (07-1209) [retitled from Peake v. Sanders]. The judgment below, which held for the veteran, is reversed and remanded and vacated and remanded in a 6-3 opinion by Justice Breyer. Justice Souter filed a dissenting opinion, joined by Justices Stevens and Ginsburg.  The opinion is available here.

The Court has released the opinion in Arizona v. Gant (07-542), on warrantless car searches. The judgment below, which held for the criminal defendant, is affirmed in a 5-4 opinion by Justice Stevens. Justice Scalia filed a concurring opinion. Justice Breyer filed a dissenting opinion and Justice Alito filed a dissenting opinion joined by the Chief Justice and Justice Kennedy, and joined in part by Justice Breyer. The opinion is available here.

Full post as published by SCOTUSBLOG on April 21, 2009 (boomark / email).