Federal Judiciary

Today’s Opinions | 2.24.09

By Akin Gump Supreme Court Practice Group

The Court has issued an opinion in United States v. Hayes (No. 07-608).  The decision below, holding that a predicate offense under 18 USC 922(g)(9) must have as an element a domestic relationship between offender and victim, was reversed in a 7-2 opinion by Justice Ginsburg.  Justice Thomas joined the majority only in part.  The Chief Justice filed a dissenting opinion in which Justice Scalia joined.  The opinion is available here.

The Court has also issued an opinion in Carcieri v. Salazar (No. 07-526) on whether the Narrangansett Tribe may receive benefits under the Indian Reorganization Act of 1934 if the Tribe was not federally recognized on the date of enactment, and whether the Rhode Island Indian Claims Settlement Act foreclosed the Tribe’s right to exercise sovereignty over land in the state.  The decision below was reversed in a 6-3 opinion authored by Justice Thomas.  Justice Breyer joined but also filed a concurrence.  Justice Souter concurred in part and dissented in part, joined by Justice Ginsburg.  Justice Stevens dissented.  The opinion is available here.

The Court also issued an opinion in Ysura v. Pocatello Ed. Assoc. (No. 07-869) on whether, under the First Amendment, a state legislature may bar political subdivisions from making payroll deductions for political activities .  The decision below was reversed in a 6-3 opinion authored by the Chief Justice.  Justice Ginsburg joined in part and filed a concurrence.  Justice Breyer concurred in part and dissented in part.  Justices Stevens and Souter each dissented.  The opinion is available here.

Full post as published by SCOTUSBLOG on February 24, 2009 (boomark / email).