2003 term United States Supreme Court opinions of Antonin Scalia

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The 2003 term of the Supreme Court of the United States began October 6, 2003, and concluded October 3, 2004. This was the eighteenth term of Associate Justice Antonin Scalia's tenure on the Court.
Antonin Scalia 2003 term statistics 9 Majority or Plurality 10 Concurrence 1 Other 12 Dissent 2 Concurrence/dissent Total = 34 Bench opinions = 30 Opinions relating to orders = 4 In-chambers opinions = 0 Unanimous opinions: 2 Most joined by: Thomas (14) Least joined by: Souter (4)

Type	Case	Citation	Issues	Joined by	Other opinions
101		540 U.S. 20 (2003)		Unanimous
302	McConnell v. Federal Election Commission	540 U.S. 93 (2003)	U.S. Const. amend. I  • campaign finance reform		Stevens and O'Connor Rehnquist Breyer Kennedy Thomas Rehnquist Stevens
203		540 U.S. 375 (2003)		Thomas	Breyer
104	Verizon Communications Inc. v. Law Offices of Curtis V. Trinko LLP	540 U.S. 398 (2004)	Antitrust  • telecommunications	Rehnquist, O'Connor, Kennedy, Ginsburg, Breyer	Stevens
Scalia's 6-justice majority ruled that the allegation that an incumbent LEC had breached its duty under the Telecommunications Act of 1996 to share its network with competitors failed to state a claim under § 2 of the Sherman Act.
405		540 U.S. 581 (2004)	Employment discrimination		Souter Thomas
Scalia dissented from Souter's 6-3 judgment that the EEOC had incorrectly interpreted the ADEA as prohibiting employers from favoring older over younger workers. Scalia would defer to the EEOC, whose regulation he believed was a reasonable interpretation of a statute that did not unambiguously require a different interpretation.
406	Olympic Airways v. Husain	540 U.S. 644 (2004)	Warsaw Convention	O'Connor (in part)	Thomas
Scalia dissented from Thomas' 6-2 decision, which he criticized for failing to give any serious consideration to how courts of the partners of the U.S. in the Warsaw Convention had resolved the same legal issues
407	Locke v. Davey	540 U.S. 712 (2004)	Establishment Clause  • state funding of religious education	Thomas	Rehnquist Thomas
Scalia dissented from Rehnquist's 7–2 decision. Scalia believed that Washington's scholarship program facially discriminated against religion by excluding only theology from the applicable subjects of study, "no less than if it had imposed a special tax." Scalia believed the plaintiff student was not asking for a "special benefit," but instead sought "only equal treatment."
408	Concrete Works of Colorado, Inc. v. City and County of Denver	540 U.S. 1027 (2003)		Rehnquist
Scalia dissented from the denial of certiorari.
209		541 U.S. 1 (2004)			Ginsburg Thomas
Scalia believed that the Court "use[d] a sledgehammer to kill a gnat...The Department [of Revenue]'s interpretive conclusion is certainly reasonable (the Court's lengthy analysis says that it is inevitable); it is therefore binding upon us. I would reverse the judgment of the Sixth Circuit on that basis. The Court's approach, which denies many agency interpretations their conclusive effect and thrusts the courts into authoritative judicial interpretation, deprives administrative agencies of two of their principal virtues: (1) the power to resolve statutory questions promptly, and with nationwide effect, and (2) the power (within the reasonable bounds of the text) to change the application of ambiguous laws as time and experience dictate. The Court's approach invites lengthy litigation in all the circuits--the product of which (when finally announced by this Court) is a rule of law that only Congress can change."
110	Crawford v. Washington	541 U.S. 36 (2004)	U.S. Const. amend. VI  • Confrontation Clause	Stevens, Kennedy, Souter, Thomas, Ginsburg, Breyer	Rehnquist
The Court ruled that the use in court of out-of-court statements made to police in an investigative capacity violated the Sixth Amendment right to confront accusing witnesses.
511	Cheney v. United States District Court	540 U.S. 913 (2004)	Recusal
Scalia declined to recuse himself from a case involving Vice-President Cheney, who had recently provided Scalia with a plane ride to a duck-hunting trip. Scalia remarked that "[i]f it is reasonable to think that a Supreme Court Justice can be bought so cheap, the Nation is in deeper trouble than I had imagined." He also did not believe his friendship with the Vice-President demanded recusal, because Cheney's "personal fortune or personal freedom were not at issue," only his official actions in a "run-of-the-mill legal dispute about an administrative decision."
312		541 U.S. 95 (2004)			O'Connor
Scalia also joined the majority's decision in part.
213	Nixon v. Missouri Municipal League	541 U.S. 125 (2004)		Thomas	Souter Stevens
114		541 U.S. 246 (2004)		Rehnquist, Stevens, O'Connor, Kennedy, Thomas, Ginsburg, Breyer	Souter
115	Vieth v. Jubelirer	541 U.S. 267 (2004)		Rehnquist, O'Connor, Thomas	Kennedy Stevens Souter Breyer
416	Till v. SCS Credit Corp.	541 U.S. 465 (2004)		Rehnquist, O'Connor, Kennedy	Stevens Thomas
417	Tennessee v. Lane	541 U.S. 509 (2004)	Sovereign immunity  • U.S. Const. amend. XI  • Americans with Disabilities Act		Stevens Souter Ginsburg Rehnquist Thomas
118		541 U.S. 567 (2004)		Rehnquist, O'Connor, Kennedy, Thomas	Ginsburg
219	Thornton v. United States	541 U.S. 615 (2004)		Ginsburg	Rehnquist O'Connor Stevens
220	Republic of Austria v. Altmann	541 U.S. 677 (2004)	Foreign Sovereign Immunities Act		Stevens Breyer Kennedy
Scalia also joined Stevens' 6-3 majority opinion.
221		541 U.S. 774 (2004)			Breyer Stevens Souter
422	Bunting v. Mellen	541 U.S. 1019 (2004)	U.S. Const. amend. I  • Establishment Clause	Rehnquist	Stevens
Scalia dissented from the denial of certiorari.
223		542 U.S. 155 (2004)		Thomas	Breyer
224	United States v. Dominguez Benitez	542 U.S. 74 (2004)			Souter
125	Norton v. S. Utah Wilderness Alliance	542 U.S. 55 (2004)		Unanimous
226	Intel Corp. v. Advanced Micro Devices, Inc.	542 U.S. 241 (2004)			Ginsburg Breyer
127	Blakely v. Washington	542 U.S. 296 (2004)	U.S. Const. amend. VI  • right to jury trial	Stevens, Souter, Thomas, Ginsburg	O'Connor Kennedy Breyer
Scalia wrote for five justices invalidating criminal sentencing system in which judges were the finders of fact for aggravating factors. O'Connor, Kennedy, and Breyer filed dissents.
128	Schriro v. Summerlin	542 U.S. 348 (2004)		Rehnquist, O'Connor, Kennedy, Thomas	Breyer
429	Tennard v. Dretke	542 U.S. 274 (2004)			O'Connor Rehnquist Thomas
430	Rasul v. Bush	542 U.S. 466 (2004)		Rehnquist, Thomas	Stevens Kennedy
431	Hamdi v. Rumsfeld	542 U.S. 507 (2004)	U.S. Const. amend. V  • habeas corpus	Stevens	O'Connor Souter Thomas
Scalia wrote that if habeas corpus has not been suspended by Congress, U.S. citizens must be tried in ordinary criminal courts. He believed the plurality was misguided in attempting to fashion alternative procedures that might comply with due process, because the role of the Court was simply to declare that the procedures at issue were unconstitutional.
432	Ashcroft v. American Civil Liberties Union	542 U.S. 656 (2004)			Kennedy Stevens Breyer
233	Sosa v. Alvarez-Machain	542 U.S. 692 (2004)		Rehnquist, Thomas	Souter Ginsburg Breyer
Scalia concurred in part and concurred in the judgment.
434	Cox v. Larios	542 U.S. 947 (2004)	Legislative redistricting		Stevens
Scalia dissented from the Court's summary affirmance.

References

• "2003 Term Opinions of the Court". Supreme Court of the United States. Archived from the original on May 16, 2012. Retrieved December 23, 2016.
• "2003 Term Opinions Relating to Orders". Supreme Court of the United States. Archived from the original on March 9, 2005. Retrieved December 23, 2016.
• "2003 Term In-Chambers Opinions". Supreme Court of the United States. Archived from the original on February 14, 2014. Retrieved December 23, 2016.

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