Federal Judiciary

Today’s opinion

By Akin Gump Supreme Court Practice Group

The Court issued one opinion only today, in Salazar v. Buono (08-472).  On a 5-4 vote, the Court reverses the lower court and remands the case.  Justice Kennedy writes the plurality opinion, which was accompanied by a number of separate opinions: Chief Justice Roberts concurs; Justice Alito concurs in part and in the judgment; Justice Scalia, joined by Justice Thomas, concurs in the judgment.  Justice Stevens dissents, joined by Justices Ginsburg and Sotomayor, and Justice Breyer dissents alone.

The Court holds that Buono has standing to bring a challenge against a religious symbol on federal land, and that the district court was wrong in barring the government from implementing the land transfer under the cross at issue.

The full text of the opinion is below the jump.

Salazar v. Buono, No. 08-472

Full post as published by SCOTUSBLOG on April 28, 2010 (boomark / email).