Federal Judiciary

Today’s Opinions | 1.21.09

By Akin Gump Supreme Court Practice Group

The Court has released the opinion in Pearson v. Callahan (07-751), involving the extension of qualified immunity to police officers over a Fourth Amendment violation. The ruling below, which denied qualified immunity, is reversed. Justice Alito wrote the opinion for a unanimous Court. The opinion is available here.

The Court has released the opinion in Fitzgerald, et vir v. Barnstable School Committee, et al. (07-1125), on whether Title IX precludes the filing of separate actions for alleged unconstitutional gender discrimination in schools. The ruling below, which found for the school district, is reversed and remanded. Justice Alito wrote the opinion for a unanimous Court. The opinion is available here.

The Court has released the opinion in Locke v. Karass (07-610), on whether public sector unions may use non-member agency fees for litigation expenses outside the bargaining unit. The ruling below, which held for the union, is affirmed. Justice Breyer wrote the majority opinion. Justice Alito wrote an opinion concurring in the judgment, joined by the Chief Justice and Justice Scalia. The opinion is available here.

The Court has released the opinion in Waddington v. Sarausad (07-772), on whether the courts below improperly granted habeas relief to a prisoner convicted following the reading of ambiguous jury instructions. The ruling below, which found for the prisoner, is reversed and remanded. Justice Thomas wrote the majority opinion. Justice Souter wrote a dissenting opinion, joined by Justices Stevens and Ginsburg. The opinion is available here.

The Court also released a per curiam opinion in Spears v. United States (08-5721), a sentencing guidelines case.  The opinion is here. The Chief Justice wrote a dissenting opinion, joined by Justice Alito. Justice Thomas dissented without opinion. Justice Kennedy would have granted the petition for certiorari.

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