Supreme Court of the United States, 2018

Published opinions from 2018. The case name opens the case page.

2018 opinions

SCOTUSVanessa Stuart v. Alabama.

November 19, 2018139 S. Ct. 36

Justice Gorsuch, joined by Justice Sotomayor, dissented from the denial of a petition for a writ of certiorari, arguing that the forensic blood‑alcohol report used against Vanessa Stuart was testimonial and that the Sixth Amendment right to confrontation was violated.

The Court held that the Age Discrimination in Employment Act’s definition of “employer” includes states and political subdivisions regardless of the number of employees, so the Mount Lemmon Fire District is an employer under the ADEA; the Ninth Circuit’s judgment was affirmed.

SCOTUSIn Re United States, Applicants.

November 2, 2018139 S. Ct. 452

The Supreme Court denied the Government's request for a stay of the district‑court climate‑change lawsuit and vacated the Chief Justice's order. The Court held that the Government lacked a fair prospect of success on its mandamus petition because adequate relief remains available in the Ninth Circuit, and that…

SCOTUSTawuan Townes v. Alabama.

October 29, 2018139 S. Ct. 18

Justice Sotomayor denied the petition for certiorari, finding Townes had not shown a constitutional error in the jury instruction and that the record was insufficient to assess the claim.

SCOTUSEdmund Zagorski v. Tony Parker

October 11, 2018139 S. Ct. 11

The Supreme Court denied the application for a stay of execution and denied the petition for a writ of certiorari. Justice Sotomayor dissented, arguing that the state’s execution protocol using midazolam raises Eighth Amendment concerns and that prisoners should be allowed to prove the availability of a less‑painful…

SCOTUSIrick v. Tennessee

August 9, 2018

Justice Sotomayor dissents from the denial of Billy Ray Irick’s application for a stay of execution, arguing that the three‑drug lethal‑injection protocol likely inflicts severe pain and that the state has not shown an available, less‑painful alternative, raising serious Eighth Amendment concerns.

SCOTUSCarpenter v. United States

June 29, 2018

The Court held that the Government’s acquisition of historical cell-site location information (CSLI) constitutes a Fourth Amendment search requiring a warrant supported by probable cause.

The Supreme Court affirmed the district court’s remedial order for the racially gerrymandered Senate Districts 21 and 28 and House Districts 21 and 57, finding the lower court had jurisdiction, correctly applied the Miller test, and did not abuse discretion in appointing a special master or adopting its race‑neutral…

SCOTUSRowan County v. Lund

June 28, 2018

Justice Thomas, joined by Justice Gorsuch, dissented from the Court’s denial of a petition for a writ of certiorari, arguing that the Fourth Circuit’s decision striking down Rowan County’s legislator‑led prayer practice conflicts with established Supreme Court precedent and historical tradition, and that the Court…

The Court summarily affirmed in part and reversed in part the District Court's remedial redistricting order. It held that the District Court properly retained jurisdiction because plaintiffs alleged continued racial segregation in new maps, and that circumstantial evidence supported the racial gerrymandering finding…

Florida challenged Georgia's upstream water consumption under the equitable apportionment doctrine, claiming harm to its Apalachicola oyster industry. The Special Master recommended dismissal, concluding Florida had not proven by clear and convincing evidence that a cap on Georgia's use would redress its injury…

SCOTUSTrump v. Hawaii

June 26, 2018585 U.S. 667

The Supreme Court reversed the Ninth Circuit's affirmance of a nationwide preliminary injunction against Presidential Proclamation No. 9645, which imposes tailored entry restrictions on nationals of eight countries found deficient in information-sharing.

SCOTUSOrtiz v. United States

June 25, 2018

The Supreme Court held that it has appellate jurisdiction to review the Court of Appeals for the Armed Forces (CAAF) decisions under Article III, and that Judge Mitchell’s concurrent service on the Court of Criminal Appeals (CCA) and the Court of Military Commission Review (CMCR) did not violate the statute governing…

SCOTUSOhio v. American Express Co.

June 25, 2018585 U.S. 529

The Supreme Court affirmed the Second Circuit’s judgment, holding that American Express’s antisteering provisions did not violate §1 of the Sherman Act. The Court ruled that the relevant antitrust market is a two-sided platform including both merchants and cardholders.

SCOTUSPeede v. Florida

June 25, 2018

The Supreme Court denied the petition for a writ of certiorari filed by Robert Peede. The Court declined to intervene in the Eleventh Circuit’s application of the “double‑edged” evidence rule in an ineffective‑assistance claim, noting that the case did not meet the threshold for review under the AEDPA.

Justice Thomas delivered the Court's opinion holding that §§ 271(f)(2) and 284 permit recovery of lost foreign profits resulting from domestic infringement. Because the relevant statutory focus was the domestic act of supplying components from the United States, WesternGeco's lost-profits award constituted a…

SCOTUSOrtiz v. United States

June 22, 2018585 U.S. 427

The Court holds it has appellate jurisdiction to review decisions of the Court of Appeals for the Armed Forces (CAAF). It further affirms that a military judge's simultaneous service on the Court of Criminal Appeals and the Court of Military Commission Review did not violate 10 U.S.C.

SCOTUSCarpenter v. United States

June 22, 2018585 U.S. 296

The Supreme Court held that the Government's acquisition of Timothy Carpenter's historical cell-site location information (CSLI) from his wireless carriers—12,898 location points spanning 127 days, obtained under Stored Communications Act §2703(d) orders rather than a warrant—was a search under the Fourth Amendment.

SCOTUSPereira v. Sessions

June 21, 2018585 U.S. 198

The Supreme Court held, on unambiguous statutory text and expressly without resorting to Chevron deference, that a putative notice to appear that fails to specify the time or place of the noncitizen's removal proceedings is not a "notice to appear under section 1229(a)" and therefore does not trigger the stop-time…

SCOTUSSouth Dakota v. Wayfair, Inc.

June 21, 2018585 U.S. 162

The Court overruled Quill Corp. v. North Dakota and National Bellas Hess, Inc. v. Department of Revenue of Ill., holding that a seller’s physical presence in a State is not required to satisfy the Commerce Clause’s substantial nexus requirement.

SCOTUSGill v. Whitford

June 18, 2018585 U.S. 48

The Supreme Court held that the plaintiffs lack Article III standing to challenge Wisconsin’s 2011 legislative redistricting plan, vacating the district court’s judgment and remanding for further proceedings to allow proof of a particularized injury.

SCOTUSChavez-Meza v. United States

June 18, 2018585 U.S. 109

The Supreme Court held that a district judge who reduced a defendant's sentence from 135 to 114 months under 18 U.S.C. §3582(c)(2)—rather than to the 108-month bottom of the amended Guidelines range—adequately explained the reduction, because the record as a whole, including the same judge's original-sentencing…

SCOTUSBesinek v. Lamone

June 18, 2018585 U.S. 155

The Supreme Court affirmed the district court’s denial of a preliminary injunction challenging Maryland’s 2011 congressional map, finding no abuse of discretion. The Court held that the plaintiffs failed to demonstrate the requisite likelihood of success, irreparable harm, and favorable balance of equities, and that…

The Court reversed the Colorado Court of Appeals, holding that the Colorado Civil Rights Commission violated the Free Exercise Clause by showing hostility toward Phillips' religious beliefs through disparaging comments and inconsistent treatment compared to other bakers who had declined requests to create cakes…

SCOTUSChina Agritech, Inc. v. Resh

June 11, 2018584 U.S. 732

The Court held that the tolling rule from American Pipe does not extend to successive class actions filed after the statute of limitations has expired, reversing the Ninth Circuit and remanding for further proceedings.

The Supreme Court held that the Colorado Civil Rights Commission’s enforcement of the Colorado Anti‑Discrimination Act against Masterpiece Cakeshop violated the Free Exercise Clause because the Commission acted with hostility toward the baker’s sincerely held religious beliefs.

SCOTUSCarlos Trevino v. Lorie Davis

June 4, 2018138 S. Ct. 1793

Justice Dennis dissents from the Supreme Court’s denial of certiorari, arguing that the Fifth Circuit misapplied precedent by evaluating new mitigating evidence in isolation rather than holistically.

SCOTUSHughes v. United States

June 4, 2018584 U.S. 675

The Court held that a sentence imposed under a Federal Rule 11(c)(1)(C) Type‑C plea agreement is “based on” the defendant’s Sentencing Guidelines range when that range informed the court’s decision, and therefore Hughes was eligible for a sentence reduction under 18 U.S.C.

SCOTUSCollins v. Virginia

May 29, 2018584 U.S. 586

The Court held that the automobile exception does not allow police to enter a home’s curtilage without a warrant to search a vehicle parked there, and therefore the warrantless search of the motorcycle was unconstitutional.

SCOTUSMurphy v. National Collegiate Athletic Assn.

May 14, 2018584 U.S. 453

The Supreme Court reversed the Third Circuit, holding that PASPA’s prohibition on state authorization (and by extension licensing) of sports gambling violates the anticommandeering principle of the Tenth Amendment and that no provision of PASPA is severable from the invalid portions.

The Supreme Court held that the Ninth Circuit’s decision striking down the Marshals Service’s full‑restraint policy was barred by mootness because the defendants’ individual claims had become moot and neither the “functional class action” doctrine nor the “capable of repetition, yet evading review” exception applied.

SCOTUSJesner v. Arab Bank, PLC

April 24, 2018584 U.S. 241

The Court affirmed dismissal of Alien Tort Statute claims against Arab Bank, holding that foreign corporations may not be defendants in ATS suits absent congressional authorization.

Justice Thomas, writing for seven Justices, held that inter partes review violates neither Article III nor the Seventh Amendment. Issuing a patent involves granting a public franchise, and Congress may authorize the Patent Office to reconsider that grant through inter partes review under the public-rights doctrine.

SCOTUSSAS Institute Inc. v. Iancu

April 24, 2018584 U.S. 357

Justice Gorsuch, joined by Chief Justice Roberts and Justices Kennedy, Thomas, and Alito, held that once the Patent Office institutes inter partes review, it must decide every patent claim the petitioner challenges, subject to the statute’s mechanisms for cancellation or dismissal.