Case |
Issue |
Joined by |
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Breyer |
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Stevens dissented from the Court's per curiam decision that ruled that a police officer who shot a suspect fleeing in an automobile was entitled to qualified immunity. Stevens argued that the officer's conduct was objectively unreasonable because deadly force should not have been used to prevent the suspect's escape. He also believed that the immunity issue should have been decided by a jury, and that the Court should have held full briefing and argument on the case. |
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Right to a jury trial: determination of federal sentencing factors by judge |
Scalia, Souter, Thomas, Ginsburg |
Stevens filed one of two opinions for the Court, each resolving different parts of the case; the other was filed by Breyer. |
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Right to a jury trial: determination of federal sentencing factors by judge |
Souter; Scalia (in part) |
Stevens filed one of three dissents from Breyer's opinion for the Court in part. |
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O'Connor, Scalia, Kennedy, Thomas, Breyer |
Souter and Ginsburg filed dissents. |
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Death penalty: execution of minors |
Ginsburg |
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Spencer v. Pugh
543 U.S. 1301 (2004) |
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Voter intimidation |
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Stevens denied a stay. |
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Kunkle v. Texas
543 U.S. 1309 (2004) |
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Stevens concurred in the Court's denial of certiorari. |
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Ginsburg |
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Souter, Ginsburg, Breyer |
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Stevens was the lone dissenter from Ginsburg's 8-1 decision. |
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Souter, Ginsburg, Breyer; Scalia (in part) |
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Ginsburg, Breyer |
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Souter, Ginsburg, Breyer |
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Rehnquist, O'Connor, Kennedy, Souter, Ginsburg, Breyer |
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O'Connor |
Stevens filed one of two dissents from Kennedy's 5-4 decision. |
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Ginsburg; Souter (in part) |
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Evans v. Stephens
544 U.S. 942 (2005) |
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Stevens wrote an opinion respecting the Court's denial of certiorari to emphasize that the decision not to review the lower court's decision was not a judgment on the merits. |
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Commerce Clause: prohibition of state-sanctioned intrastate production of medical marijuana |
Kennedy, Souter, Ginsburg, Breyer |
O'Connor and Thomas filed dissents. |
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Rehnquist, O'Connor, Scalia, Kennedy, Souter, Ginsburg, Breyer |
Thomas filed a dissent. |
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Scalia, Souter, Ginsburg, Breyer |
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Souter, Ginsburg, Breyer (in part) |
Stevens filed one of two dissents from O'Connor's 5-4 decision. |
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Eminent domain |
Kennedy, Souter, Ginsburg, Breyer |
O'Connor and Thomas filed dissents. |
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Souter |
Stevens dissented from Scalia's 7-2 decision. |
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Breyer |
Stevens filed one of two dissents from Kennedy's 5-4 decision. |
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Establishment Clause |
Ginsburg |
Stevens filed one of three dissents from Rehnquist's plurality decision. |
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Due process right to enforce restraining order |
Ginsburg |
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Telecommunications |
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