Posted on April 4, 2011 at 9:59 am by Adam Schlossman
The Court issued two opinions this morning:
Cullen v. Pinholster (09-1088) â€“ In an opinion by Justice Thomas, the Court reversed the decision of the Ninth Circuit.Â It held that review under the federal habeas law is limited to the record that was before the state court which ruled on the claim on the merits.Â Moreover, on the record that was before the state court, Pinholster was not entitled to federal habeas relief.
The Chief Justice and Justices Scalia and Kennedy joined the decision in full; Justice Alito joined the decision as to all but Part II of the Courtâ€™s opinion; Justice Breyer joined the decision as to Parts I and II, and Justices Ginsburg and Kagan joined the decision as to Part II. Â Justice Alito filed a separate opinion concurring in part and concurring in the judgment; Justice Breyer also filed a separate opinion concurring in part and dissenting in part. Â Justice Sotomayor filed a dissenting opinion, which Justices Ginsburg and Kagan joined in part.
Arizona Christian School Tuition Organization v. Winn (09-987) â€“ By a vote of five to four, in an opinion by Justice Kennedy, the Court reversed the decision of the Ninth Circuit.Â It held that the challengers to an Arizona tax credit which provides tax credits for contributions to tuition organizations, which then use the contributions to provide scholarships for, among others, religious schools, lack standing under Article III because they are challenging a tax credit, rather than government spending.
Justice Scalia filed a concurring opinion, which was joined by Justice Thomas.Â Justice Kagan filed a dissenting opinion, which was joined by Justices Ginsburg, Breyer, and Sotomayor.