2004 term opinions of the Supreme Court of the United States

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The 2004 term of the Supreme Court of the United States began October 4, 2004 and concluded October 3, 2005. The table illustrates which opinion was filed by each justice in each case and which justices joined each opinion.

Table key


Delivered the Court's opinion

Joined the Court's opinion

Filed a concurrence

Joined a concurrence

Filed a dissent

Joined a dissent

Filed a concurrence/dissent

Joined a concurrence/dissent

Did not participate in the decision
  • Decisions that do not note an argument date were decided without oral argument. Decisions that do not note a Justice delivering the Court's opinion are per curiam.
  • Multiple concurrences and dissents within a case are numbered, with joining votes numbered accordingly. Justices frequently join multiple opinions in a single case; each vote is subdivided accordingly.
  • An asterisk ( * ) in the Court's opinion denotes that it was only a majority in part or a plurality. An asterisk in a joining vote denotes that the justice joined it only in part.
  • A dash ( - ) denotes that the Justice concurred or dissented without filing a separate opinion.

2004 term opinions

# Case name and citation Argued Decided Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer

1

Leocal v. Ashcroft, 543 U.S. 1 October 12, 2004 November 9, 2004
2

Norfolk Southern Ry. v. James N. Kirby, Pty Ltd., 543 U.S. 14 October 6, 2004 November 9, 2004
3

Smith v. Texas, 543 U.S. 37 November 15, 2004
4

Koons Buick Pontiac GMC, Inc. v. Nigh, 543 U.S. 50 October 5, 2004 November 30, 2004
2
1
2
3
1
5

City of San Diego v. Roe, 543 U.S. 77 December 6, 2004
6

Kansas v. Colorado, 543 U.S. 86 October 4, 2004 December 7, 2004
*
*
7

KP Permanent Make-Up, Inc. v. Lasting Impression I, Inc., 543 U.S. 111 October 5, 2004 December 8, 2004 * *
8

Kowalski v. Tesmer, 543 U.S. 125 October 4, 2004 December 13, 2004
9

Devenpeck v. Alford, 543 U.S. 146 November 8, 2004 December 13, 2004
10

Cooper Indus. v. Aviall Servs., 543 U.S. 157 October 6, 2004 December 13, 2004
11

Florida v. Nixon, 543 U.S. 175 November 2, 2004 December 13, 2004
12

Brosseau v. Haugen, 543 U.S. 194 December 13, 2004
13

Whitfield v. United States, 543 U.S. 209 November 30, 2004 January 11, 2005
14

United States v. Booker, 543 U.S. 220 October 12, 2004 January 12, 2005
2 4
1 1
2 4
1 1* 2
2 4
1 1
1 3
1 2
2 4
15

Jama v. Immigration & Customs Enforcement, 543 U.S. 335 October 12, 2004 January 12, 2005
16

Clark v. Martinez, 543 U.S. 371 October 13, 2004 January 12, 2005 *
17

Illinois v. Caballes, 543 U.S. 405 November 10, 2004 January 24, 2005
1 2
2
18

Commissioner of Internal Revenue v. Banks, 543 U.S. 426 November 1, 2004 January 24, 2005
19

Howell v. Mississippi, 543 U.S. 440 November 29, 2004 January 24, 2005
20

Bell v. Cone, 543 U.S. 447 January 24, 2005
21

Smith v. Massachusetts, 543 U.S. 462 December 1, 2004 February 22, 2005
22

Stewart v. Dutra Construction Co., 543 U.S. 481 November 1, 2004 February 22, 2005
23

Johnson v. California, 543 U.S. 499 November 2, 2004 February 23, 2005 1 2
2
24

Roper v. Simmons, 543 U.S. 551 October 13, 2004 March 1, 2005 2
1 2 2
25

Cherokee Nation v. Leavitt, 543 U.S. 631 November 9, 2004 March 1, 2005
26

Tenet v. Doe, 544 U.S. 1 January 11, 2005 March 2, 2005
1
2
1
27

Shepard v. United States, 544 U.S. 13 November 8, 2004 March 7, 2005 *
*
28

Ballard v. Comm'r, 544 U.S. 40 December 7, 2004 March 7, 2005
29

Wilkinson v. Dotson, 544 U.S. 74 November 9, 2004 March 1, 2005
30

Muehler v. Mena, 544 U.S. 93 December 8, 2004 March 22, 2005 1
2
1 1 1
31

Rancho Palos Verdes v. Abrams, 544 U.S. 113 January 19, 2005 March 22, 2005 1
2
2
2
2
32

Brown v. Payton, 544 U.S. 133 November 10, 2004 March 22, 2005
1
1
2
33

Jackson v. Birmingham Board of Education, 544 U.S. 167 November 30, 2004 March 29, 2005
34

City of Sherrill v. Oneida Indian Nation, 544 U.S. 197 January 11, 2005 March 29, 2005
35

Smith v. City of Jackson, 544 U.S. 228 November 3, 2004 March 30, 2005 * 1
* 2
1 1
36

Rhines v. Weber, 544 U.S. 269 January 12, 2005 March 30, 2005
1
2
1 2
1 2
37

Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280 February 23, 2005 March 30, 2005
38

Johnson v. United States, 544 U.S. 295 January 18, 2005 April 4, 2005
39

Rousey v. Jacoway, 544 U.S. 320 December 1, 2004 April 4, 2005
40

Dura Pharmaceuticals v. Broudo, 544 U.S. 336 January 12, 2005 April 19, 2005
41

Pasquantino v. United States, 544 U.S. 349 November 9, 2004 April 26, 2005 * *
42

Small v. United States, 544 U.S. 385 November 3, 2004 April 26, 2005
43

Pace v. DiGuglielmo, 544 U.S. 408 February 28, 2005 April 27, 2005
44

Bates v. Dow Agrosciences, L.L.C., 544 U.S. 431 January 10, 2005 April 27, 2005
45

Granholm v. Heald, 544 U.S. 460 December 7, 2004 May 16, 2005 2
1 2
1 2
2
46

Lingle v. Chevron U.S.A., Inc., 544 U.S. 528 February 22, 2005 May 23, 2005
47

Johanns v. Livestock Mktg. Ass'n, 544 U.S. 550 December 8, 2004 May 23, 2005 2
1 2
2
1
2
3
48

Clingman v. Beaver, 544 U.S. 581 January 19, 2005 May 23, 2005
*
* *
* *
49

Deck v. Missouri, 544 U.S. 581
50

Medellin v. Dretke, 544 U.S. 660 March 28, 2005 May 23, 2005
1 3
1
*
1 2
1 3
51

Arthur Andersen LLP v. United States, 544 U.S. 696 April 27, 2005 May 31, 2005
52

Cutter v. Wilkinson, 544 U.S. 709 March 1, 2005 May 31, 2005
53

Tory v. Cochran, 544 U.S. 734 March 22, 2005 May 31, 2005
54

Gonzales v. Raich, 545 U.S. 1 November 29, 2004 June 6, 2005 1* 1
1* 2
55

Alaska v. United States, 545 U.S. 75 January 19, 2005 June 6, 2005
*
*
*
56

Spector v. Norwegian Cruise Line Ltd., 545 U.S. 119 February 28, 2005 June 6, 2005 *
* *
*
*
57

Johnson v. California, 545 U.S. 162 November 2, 2004 June 13, 2005
58

Bradshaw v. Stumpf, 545 U.S. 175 April 19, 2005 June 13, 2005
2
1
2
1
59

Merck KGaA v. Integra Lifesciences I, Ltd., 545 U.S. 193 April 20, 2005 June 13, 2005
60

Wilkinson v. Austin, 545 U.S. 209 March 30, 2005 June 13, 2005
61

Miller-El v. Dretke, 545 U.S. 231 March 28, 2005 June 13, 2005
62

Grable & Sons Metal Prod. v. Darue Engineering, 545 U.S. 308 April 18, 2005 June 13, 2005
63

San Remo Hotel, L.P. v. City & County of San Francisco, 545 U.S. 323 March 28, 2005 June 20, 2005
64

Dodd v. United States, 545 U.S. 353 March 22, 2005 June 20, 2005 1 1*
1* 2
1* 2
65

Rompilla v. Beard, 545 U.S. 374 January 18, 2005 June 20, 2005
66

Graham Cty. Soil & Water Consv. Dist. v. United States ex rel. Wilson, 545 U.S. 409 April 20, 2005 June 20, 2005 *
67

Am. Trucking Ass'ns v. Mich. PSC, 545 U.S. 429 April 26, 2005 June 20, 2005 1 2
68

Mid-Con Freight Sys. v. Mich. PSC, 545 U.S. 440 April 26, 2005 June 20, 2005
68

Kelo v. City of New London, 545 U.S. 469 February 22, 2005 June 23, 2005 1 1 1
1 2
69

Gonzalez v. Crosby, 545 U.S. 524 April 25, 2005 June 23, 2005
70

Exxon Mobil Corp. v. Allapattah Servs., 545 U.S. 546 March 1, 2005 June 23, 2005
1 2
2 2
1 2
71

Orff v. United States, 545 U.S. 596 February 23, 2005 June 23, 2005
72

Halbert v. Michigan, 545 U.S. 605 April 25, 2005 June 23, 2005 *
73

Mayle v. Felix, 545 U.S. 644 April 19, 2005 June 23, 2005
74

Van Orden v. Perry, 545 U.S. 677 March 2, 2005 June 27, 2005 *
1 3
2
1
3
2
1 3
3
75

Town of Castle Rock v. Gonzales, 545 U.S. 748 March 21, 2005 June 27, 2005
76

Bell v. Thompson, 545 U.S. 794 April 26, 2005 June 27, 2005
77

McCreary County v. ACLU, 545 U.S. 844 March 2, 2005 June 27, 2005
*
78

Metro-Goldwyn-Mayer Studios, Inc. v. Grokster, Ltd., 545 U.S. 913 March 29, 2005 June 27, 2005
1
2
2
1
1
2
79

Nat'l Cable & Telecomms. Ass'n v. Brand X Internet Servs., 545 U.S. 967 March 29, 2005 June 27, 2005
1
* *
2
# Case name and citation Argued Decided Rehnquist Stevens O'Connor Scalia Kennedy Souter Thomas Ginsburg Breyer

2004 term membership and statistics

This was the nineteenth and final term of Chief Justice Rehnquist's tenure, as he died on September 3, 2005. It was the eleventh consecutive term in which the Court's membership had not changed.

Justice Appointment history Agreement with judgment Opinions filed
Seniority Name President Date confirmed  % # Total
Chief Justice William Rehnquist Richard Nixon[1] January 7, 1972 76.8% 53/69 7 1 0 1 9
Associate Justice John Paul Stevens Gerald Ford December 19, 1975 72.5% 58/80 8 8 1 12 29
Associate Justice Sandra Day O'Connor Ronald Reagan September 25, 1981 86.3% 69/80 8 5 0 6 19
Associate Justice Antonin Scalia Ronald Reagan September 26, 1986 75% 60/80 9 8 1 7 25
Associate Justice Anthony Kennedy Ronald Reagan February 18, 1988 86.3% 69/80 9 5 0 5 19
Associate Justice David Souter George H. W. Bush October 9, 1990 80% 64/80 8 4 0 7 19
Associate Justice Clarence Thomas George H. W. Bush October 23, 1991 73.8% 59/80 8 10 2 13 33
Associate Justice Ruth Bader Ginsburg Bill Clinton August 10, 1993 78.8% 63/80 8 6 0 7 21
Associate Justice Stephen Breyer Bill Clinton August 3, 1994 86.3% 69/80 10 11 0 4 25
Totals
75 58 4 62 199


Notes

  1. Rehnquist was initially appointed by Nixon to the Court as an Associate Justice. He was subsequently appointed to serve as Chief Justice by President Ronald Reagan and confirmed in that position September 26, 1986.

References

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