Today’s SCOTUS Opinions

June 13th, 2011

In United States v. Flores-Villar, the Court affirmed the 9th Circuit by an equally divided Court. There is no opinion in these cases. With Justice Kagan recused, it seems Justice Kennedy swung to the dissenting bloc. The 4-4 split has no precedential value. This is also the second 4-4 split of the term, following Costco v. Omega.

In United States v. Jicarilla Apache Nation, the Court 7-1 held that “the fiduciary exception to the attorney-client privilege does not apply to the general trust relationship between the United Statesand the Indian tribes.” Justice Alito wrote for the Court. Justice Ginsburg concurred in judgment, joined by Justice Breyer. Justice Sotomayor dissented. Justice Kagan recused.

In Janus Capital Group, Inc. v. First Derivative Traders, the Court 5-3 held that “Because the false statements included in the prospectuses weremade by Janus Investment Fund, not by JCM, JCM and JCG cannotbe held liable in a private action under Rule 10b–5.” Justice Alito wrote for 5 members. Justice Ginsburg dissented, joined by Justices Breyer and Sotomayor. Kagan recused.

In, Nevada Comm’n on Ethics v. Carrigan, Justice Scalia for a unanimous Court held that “The Nevada Ethics in Government Law is not unconstitutionally overbroad.” Justice Kennedy concurred. Justice Alito concurred in part and concurred in judgment.