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Salazar v. Buono

Docket No. Op. Below Argument Opinion Vote Author Term
08-472 9th Cir. Oct 7, 2009
Apr 28, 2010 5-4 Kennedy OT 2009

Holding: In a highly fractured decision, the Court sent back for reconsideration a case in which Congress enacted legislation to transfer federal property containing a cross to a veterans organization in response to a prior court ruling that leaving the cross on federal property violated the Establishment Clause.

Judgment: Reversed and remanded, 5-4, in an opinion by Justice Anthony Kennedy on April 28, 2010. Chief Justice Roberts concurred; Justice Alito concurred in part and concurred in the judgment; and Justice Scalia concurred in the judgment, joined by Justice Thomas. Justice Stevens dissented, joined by Justices Ginsburg and Sotomayor. Justice Breyer also dissented.

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