Federal Judiciary

Today’s opinions

By Akin Gump Supreme Court Practice Group

The Court issued two opinions this morning:

In Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Company (08-1008), the Court reverses and remands the lower court decision.  The main opinion is by Justice Scalia, but not all parts of it are joined by a majority.  Justice Stevens writes an opinion concurring in part and concurring in the judgment.  Justice Ginsburg files a dissenting opinion joined by Justices Kennedy, Breyer, and Alito.

• Holding: The Court rules 5-4 that Federal Rule 23 controls when a class action lawsuit may be filed in federal court, so states do not have the authority to limit the right to sue.

In Padilla v. Commonwealth of Kentucky (08-861), the Court, 7-2, reverses and remands the lower court in an opinion by Justice Stevens.  Justice Alito writes an opinion concurring in the judgment, joined by Chief Justice Roberts, while Justice Scalia dissents, joined by Justice Thomas.

• Holding: The lawyer for an alien charged with crime has a constitutional obligation to tell the client that a guilty plea carries a risk that he will be deported.  The Court, however, does not decide whether the individual in this specific case has been prejudiced by the lawyer’s failure to give that advice.

The full texts of the opinions follow the jump.

No. 08-1008, Shady Grove Orthopedic Associates v. Allstate Insurance Co.

No. 08-651, Padilla v. Kentucky

Full post as published by SCOTUSBLOG on March 31, 2010 (boomark / email).