Editor's Note :

Editor's Note :

This week we are hosting an online symposium on NIFLA v. Becerra, in which the Supreme Court will consider whether the disclosures required by California’s Reproductive FACT Act violate the free speech clause of the First Amendment. Contributions are available at this link.

Salazar v. Buono

Docket No. Op. Below Argument Opinion Vote Author Term
08-472 9th Cir. Oct 7, 2009
Tr.
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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