Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.

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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