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Ballotpedia's review of the 2016 Supreme Court term

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Ballotpedia's review of the 2016 Supreme Court term

By: Kevin Eirich

On June 26, 2017, the U.S. Supreme Court concluded its 2016 term. For most of the term, the court sat as an eight-justice court as the process continued to confirm a successor to Justice Antonin Scalia, who died in judicial service on February 13, 2016. On January 31, 2017, President Donald Trump nominated Neil Gorsuch to succeed Justice Scalia. Gorsuch, formerly of the United States Court of Appeals for the 10th Circuit, was confirmed by the U.S. Senate on April 7, 2017. He took his judicial oath of office on April 10, 2017, and participated in the final argument sitting of the court's term.

Ballotpedia's end of term summary provides a comprehensive look at the decision data for the 2016 term. This page presents data for each month's argument sitting as well as data for each individual justice. This year, data are presented comparing outcomes from the 2016 term going back to the last term in which the court welcomed a new member; Justice Elena Kagan joined the court in 2010. Data are also presented regarding Justice Gorsuch's participation on the court.

Term data

October term 2016

By statute, the court's annual term begins on the first Monday in October. The court sits for arguments in cases in which the court has original jurisdiction, the parties have a right of appeal, or in which the court granted a writ of certiorari. The court sits for arguments during two-week sessions that run from October through April. The court sits for arguments on Mondays, Tuesdays, and Wednesdays except when those days coincide with federal holidays. In the alternating periods between argument sessions, the court will work on crafting opinions. The court's term typically concludes at the end of June when all argued cases on its docket have been disposed of via an opinion in the case, have been listed for reargument next term, or have been dismissed.

From October 4, 2016, until June 26, 2017, the justices of the U.S. Supreme Court heard arguments in 71 cases.[1]

Of the 71 cases that were argued:[2]

Dispositions by court

The table below presents a list of the Supreme Court's dispositions in argued cases this term. The numbers correspond to the number of cases from the lower courts and not the number of arguments or opinions. So, for example, we count Ziglar v. Abbasi, Ashcroft v. Abbasi, and Hasty v. Abbasi as three individual cases in this table even though the cases were consolidated for arguments before the court and judgments on each were presented in the same opinion. The data are arranged by the courts from which the cases were appealed. Definitions of the dispositions are presented for the benefit of the reader.

  • Affirm: The decision of a higher court to uphold a lower court's decision
  • Reverse: The decision of a higher court to overturn a lower court's decision
  • Vacate: The decision of a higher court to void, cancel, nullify, or otherwise invalidate a lower court's decision
  • Remand: The decision of a higher court, pursuant to its judgment in an appeal, to return a case to a lower court for additional proceedings addressing the disposition of, and direction from, the higher court.


Dispositions by court in argued cases - 2016 Term
Court Affirmed Reversed Reversed & remanded Vacated & remanded Other dispositions* Total
First Circuit 1 0 0 0 0 1
Second Circuit 1 0 0 2 4 7
Third Circuit 0 1 1 0 0 2
Fourth Circuit 1 0 0 0 0 1
Fifth Circuit 2 0 1 1 0 4
Sixth Circuit 1 2 1 2 0 6
Seventh Circuit 0 1 1 0 0 2
Eighth Circuit 0 0 2 0 0 2
Ninth Circuit 1 2 2 3 2 10
Tenth Circuit 0 1 0 1 0 2
Eleventh Circuit 2 1 1 2 0 6
D.C. Circuit 1 0 1 1 0 3
Federal Circuit 1 0 4 1 2 8
U.S. district courts 1 0 0 0 1 2
District of Columbia courts 2 0 0 0 0 2
State/commonwealth courts 2 0 8 2 1 13
Totals (argued cases) 16 8 22 15 10 71
*Other dispositions include cases where a judgment was affirmed in part, and/or reversed in part, and/or vacated in part, and/or remanded. This category also includes two cases from the Ninth Circuit that were listed for reargument next term.
Source: Supreme Court of the United States


October sitting

In October, the justices heard argument in eight cases.

Notes

  • October was the only sitting of the court's 2016 term in which each justice wrote one opinion for the court and only one opinion for the court.
  • In the October sitting for the 2015 term, there was only one judgment in which all nine justices agreed; in this year's October sitting, there were four unanimous judgments.
  • Of the 10 judgments appealed from the United States Court of Appeals for the 9th Circuit this term, only in Salman v. United States did the Supreme Court affirm the judgment of the Ninth Circuit.
  • The only appeal from the First Circuit of the 2016 term, Bravo-Fernandez v. United States, was also the first argument of the court's 2016 term.


October sitting, U.S. Supreme Court, 2016 Term
Case Author Decision Vote Court below
Bravo-Fernandez v. United States Ginsburg Judgment affirmed 8-0 to affirm First Circuit
Shaw v. United States Breyer Judgment vacated and remanded 8-0 Ninth Circuit
Salman v. United States Alito Judgment affirmed 8-0 Ninth Circuit
Buck v. Davis Roberts Judgment reversed and remanded 6-2 Fifth Circuit
Manuel v. City of Joliet Kagan Judgment reversed and remanded 6-2 Seventh Circuit
Manrique v. United States Thomas Judgment affirmed 6-2 Eleventh Circuit
Samsung Electronics v. Apple Sotomayor Judgment reversed and remanded 8-0 Federal Circuit
Pena-Rodriguez v. Colorado Kennedy Judgment reversed and remanded 5-3 Colorado Supreme Court
Source: Supreme Court of the United States


November sitting

In November, the justices heard argument in ten cases, with two cases consolidated into one argument.

Notes

  • Each of the justices authored an opinion for the court for this sitting. Justice Stephen Breyer wrote two opinions, one of which disposed of two consolidated cases.
  • November's was the only sitting this term in which arguments were exclusively from cases appealed from federal appeals courts. There were no appeals from other federal courts or from any state courts.
  • In comparison with last term's November sitting, there were four unanimous judgments in full during this term's November sitting, as well as a unanimous judgment to reverse the Second Circuit in part in Sessions v. Morales-Santana, compared to only two unanimous judgments from the previous term's November sitting.


November sitting, U.S. Supreme Court, 2016 Term
Case Author Decision Vote Court below
Fry v. Napoleon Community Schools Kagan Judgment vacated and remanded 8-0 to vacate and remand Sixth Circuit
Star Athletica LLC v. Varsity Brands Thomas Judgment affirmed 6-2 Sixth Circuit
SCA Hygiene Products Aktiebolag v. First Quality Baby Products Alito Judgment vacated and remanded 7-1 Federal Circuit
State Farm v. U.S. ex rel Rigsby Kennedy Judgment affirmed 8-0 Fifth Circuit
Venezuela v. Helmerich and Payne International Breyer Judgment vacated and remanded 8-0 D.C. Circuit
National Labor Relations Board v. SW General Inc. Roberts Judgment affirmed 6-2 to affirm D.C. Circuit
Bank of America v. Miami
Wells Fargo v. Miami
Breyer Judgment vacated and remanded 5-3 Eleventh Circuit
Lightfoot v. Cendant Mortgage Group Sotomayor Judgment reversed 8-0 Ninth Circuit
Sessions v. Morales-Santana Ginsburg Judgment affirmed in part, reversed in part, and remanded 6-2 to affirm in part
8-0 to reverse in part
Second Circuit
Source: Supreme Court of the United States


December sitting

In December, the justices heard argument in seven cases.

Notes

  • Neither Chief Justice John G. Roberts nor Justice Samuel Alito authored opinions for the court for the December sitting.
  • An order for reargument next term was issued in one case, Jennings v. Rodriguez, which was an appeal from a judgment of the Ninth Circuit.
  • Two justices recused themselves in cases this sitting. Chief Justice Roberts recused himself in Life Technologies Corp. v. Promega Corp. Justice Elena Kagan recused herself in Beckles v. United States.
  • The only two cases from U.S. district courts were argued in December. Under 28 U.S.C. §2284, challenges to the constitutionality of congressional districts are heard by three-judge district courts, with a right of direct appeal to the Supreme Court of the United States.
  • Justice Clarence Thomas either wrote the court's opinion, wrote a separate opinion, or joined a separate opinion in every case from this sitting in which a judgment was issued. Justice Thomas wrote the court's opinion in Beckles. He wrote a concurring opinion in Cooper and an opinion concurring in the judgment in part and dissenting in part in Bethune-Hill. He wrote a dissenting opinion in Czyzewski. He joined Justice Alito's opinion concurring in part and in the judgment in Life Technologies and he joined the chief justice's dissent in Moore v. Texas.


December sitting, U.S. Supreme Court, 2016 Term
Case Author Decision Vote Court below
Beckles v. United States Thomas Judgment affirmed 7-0 to affirm Eleventh Circuit
Moore v. Texas Ginsburg Judgment vacated and remanded 5-3 Texas Court of Criminal Appeals
Jennings v. Rodriguez None Case to be reargued next term No vote Ninth Circuit
Bethune-Hill v. Virginia Board of Elections Kennedy Judgment affirmed in part, vacated in part, and remanded 8-0 to vacate and remand; 7-1 to affirm Eastern District of Virginia
Cooper v. Harris Kagan Judgment affirmed 8-0 to affirm on District 1;
5-3 to affirm on District 12
Middle District of North Carolina
Life Technologies Corp. v. Promega Corp. Sotomayor Judgment reversed and remanded 7-0 to reverse and remand Federal Circuit
Czyzewski v. Jevic Holding Corp. Breyer Judgment reversed and remanded 6-2 Third Circuit
Source: Supreme Court of the United States


January sitting

In January, the justices heard argument in eleven cases, with three cases consolidated into one argument.

Notes


January sitting, U.S. Supreme Court, 2016 Term
Case Author Decision Vote Court below
Nelson v. Colorado Ginsburg Judgment reversed and remanded 7-1 to reverse and remand Colorado Supreme Court
Lewis v. Clarke Sotomayor Judgment reversed and remanded 8-0 to reverse and remand Connecticut Supreme Court
Expressions Hair Design v. Schneiderman Roberts Judgment vacated and remanded 8-0 to vacate and remand Second Circuit
Goodyear Tire and Rubber Co. v. Haeger Kagan Judgment reversed and remanded 8-0 Ninth Circuit
Endrew F. v. Douglas County School District Roberts Judgment vacated and remanded 8-0 Tenth Circuit
Sessions v. Dimaya None Case to be reargued next term No vote Ninth Circuit
Midland Funding v. Johnson Breyer Judgment reversed 5-3 Eleventh Circuit
Matal v. Tam Alito Judgment affirmed 8-0 to affirm Federal Circuit
Ziglar v. Abbasi
Ashcroft v. Abbasi
Hasty v. Abbasi
Kennedy Judgment vacated in part, reversed in part, and remanded 4-2 Second Circuit
Source: Supreme Court of the United States


February sitting

In February, the justices heard argument in seven cases.

Notes

  • Neither Justice Stephen Breyer nor Justice Samuel Alito authored opinions for the court during this argument sitting.
  • The court issued a per curiam opinion in Hernandez v. Mesa, which was the only per curiam opinion issued in an argued case this term. By comparison, last term the court issued four per curiam opinions adjudicating 11 cases in which arguments were held; seven of those cases were consolidated into one argument.
  • The court had a very high degree of consensus in cases argued this sitting. Of the six cases in which a signed opinion was issued, four judgments were unanimous and the other two judgments had a seven-justice (of eight) majority.


February sitting, U.S. Supreme Court, 2016 Term
Case Author Decision Vote Court below
Hernandez v. Mesa Per curiam Judgment vacated and remanded No public vote recorded Fifth Circuit
McLane Company v. EEOC Sotomayor Judgment vacated and remanded 7-1 to reverse and remand Ninth Circuit
Kindred Nursing Centers v. Clark Kagan Judgment reversed in part, vacated in part, and remanded 7-1 Kentucky Supreme Court
Packingham v. North Carolina Kennedy Judgment reversed and remanded 8-0 to reverse and remand North Carolina Supreme Court
Esquivel-Quintana v. Sessions Thomas Judgment reversed 8-0 Sixth Circuit
Dean v. United States Roberts Judgment reversed and remanded 8-0 Eighth Circuit
Coventry Health Care of Missouri v. Nevils Ginsburg Judgment reversed and remanded 8-0 to reverse and remand Missouri Supreme Court
Source: Supreme Court of the United States


March sitting

In March, the justices heard argument in fourteen cases, with three cases consolidated into one argument and two other cases consolidated into another argument.

Notes

  • Chief Justice John G. Roberts, Justice Stephen Breyer, and Justice Samuel Alito each wrote two opinions for the court for this sitting.
  • No judgments on appeal from any federal court heard during this sitting were affirmed by the court.
  • The only cases this term from a local court serving the District of Columbia were argued during this sitting; the lower court's judgment in the consolidated cases was affirmed by the court.
  • Murr v. Wisconsin was one of only two state courts' judgments heard during the entire term that were affirmed by the Supreme Court. Justice Anthony Kennedy wrote the opinions in both cases in which the court upheld a state court judgment. The other case, Weaver v. Massachusetts, was argued in April.


March sitting, U.S. Supreme Court, 2016 Term
Case Author Decision Vote Court below
Murr v. Wisconsin Kennedy Judgment affirmed 5-3 Wisconsin Court of Appeals for District III
Howell v. Howell Breyer Judgment reversed and remanded 8-0 to reverse and remand Arizona Supreme Court
Microsoft Corp. v. Baker Ginsburg Judgment reversed and remanded 8-0 to reverse and remand Ninth Circuit
Impression Products v. Lexmark Roberts Judgment reversed and remanded 8-0 for domestic exhaustion
7-1 for international exhaustion
Federal Circuit
County of Los Angeles v. Mendez Alito Judgment vacated and remanded 8-0 Ninth Circuit
Water Splash, Inc. v. Menon Alito Judgment vacated and remanded 8-0 Texas Fourteenth District Court of Appeals
Advocate Health Care v. Stapleton
St. Peter's Healthcare v. Kaplan
Dignity Health v. Rollins
Kagan Judgment reversed 8-0 to reverse Seventh Circuit
Third Circuit
Ninth Circuit
TC Heartland v. Kraft Thomas Judgment reversed and remanded 8-0 Federal Circuit
Lee v. United States Roberts Judgment reversed and remanded 6-2 Sixth Circuit
Overton v. United States
Turner v. United States
Breyer Judgment affirmed 6-2 District of Columbia Court of Appeals
Honeycutt v. United States Sotomayor Judgment reversed 8-0 Sixth Circuit
Source: Supreme Court of the United States


April sitting

In April, Justice Neil Gorsuch heard his first arguments as an associate justice of the U.S. Supreme Court. The justices heard argument in fourteen cases, with two cases consolidated into one argument.

Notes

  • The April sitting was the first in which a full, nine-justice court heard arguments since the January sitting of the court's October 2015 term. Justice Neil Gorsuch received his judicial commission on April 10, 2017, and sat for every argument during the April sitting.
  • Justices Anthony Kennedy, Clarence Thomas, Ruth Bader Ginsburg, and Samuel Alito each wrote two opinions for the court for this sitting.
  • Justice Gorsuch's only opinion for the court this sitting, Henson v. Santander Consumer USA, was also the only appeal from the Fourth Circuit Court of Appeals argued during this term. Of the three judgments that were affirmed during this sitting, Justice Gorsuch's opinion in Henson was the only one for a judgment that was affirmed unanimously.


April sitting, U.S. Supreme Court, 2016 Term
Case Author Decision Vote Court below
Perry v. Merit Systems Protection Board Ginsburg Judgment reversed and remanded 7-2 D.C. Circuit
Town of Chester v. Laroe Estates Alito Judgment vacated and remanded 9-0 Second Circuit
CalPERS v. ANZ Securities Kennedy Judgment affirmed 5-4 Second Circuit
Kokesh v. SEC Sotomayor Judgment reversed 9-0 Tenth Circuit
Henson v. Santander Consumer USA Gorsuch Judgment affirmed 9-0 Fourth Circuit
Trinity Lutheran Church v. Comer Roberts Judgment reversed and remanded 7-2 to reverse and remand Eighth Circuit
Weaver v. Massachusetts Kennedy Judgment affirmed 7-2 to affirm Massachusetts Supreme Judicial Court
McWilliams v. Dunn Breyer Judgement reversed and remanded 5-4 Eleventh Circuit
Davila v. Davis Thomas Judgment affirmed 5-4 Fifth Circuit
Bristol-Myers Squibb v. Superior Court of California Alito Judgment reversed and remanded 8-1 California Supreme Court
BNSF Railway v. Tyrrell Ginsburg Judgment reversed and remanded 8-1 to reverse and remand Montana Supreme Court
Sandoz v. Amgen
Amgen v. Sandoz
Thomas Judgment vacated in part, reversed in part, and remanded 9-0 Federal Circuit
Maslenjak v. United States Kagan Judgment vacated and remanded 9-0 to vacate and remand Sixth Circuit
Source: Supreme Court of the United States


Dispositions without argument

Per curiam opinions

Throughout this term, the justices issued per curiam opinions in cases without argument. The court often issues these opinions to summarily reverse or vacate the decision of a lower court. As these cases are not argued, they are not included the judicial sitting data presented above. The cases below are sorted by the date the opinion was handed down.

Per curiam opinions (unargued cases), U.S. Supreme Court, 2016 Term
Date decided Case Court below Outcome
June 26, 2017 Trump v. International Refugee Assistance Project;
Trump v. Hawaii
Fourth Circuit
Ninth Circuit
Petitions for certiorari granted; applications for stay granted in part
June 26, 2017 Pavan v. Smith Arkansas Supreme Court Judgment reversed and remanded
June 19, 2017 Jenkins v. Hutton Sixth Circuit Judgment reversed and remanded
June 12, 2017 Virginia v. LeBlanc Fourth Circuit Judgment reversed
June 5, 2017 North Carolina v. Covington Middle District of North Carolina Judgment vacated and remanded
March 6, 2017 Rippo v. Baker Supreme Court of Nevada Judgment vacated and remanded
January 9, 2017 White v. Pauly Tenth Circuit Judgment vacated and remanded
October 11, 2016 Bosse v. Oklahoma Oklahoma Court of Criminal Appeals Judgment vacated and remanded
Source: Supreme Court of the United States


Other dispositions

The cases below represent cases in which certiorari was granted by the court, but which were not argued during the October 2016 term.

Other dispositions (unargued cases), U.S. Supreme Court, 2016 Term
Date decided Case Court below Outcome
March 6, 2017 Gloucester County School Board v. G.G. Fourth Circuit Judgment vacated and remanded
November 17, 2016 Visa v. Osborn D.C. Circuit Writ of certiorari dismissed as improvidently granted (DIG)
November 17, 2016 Visa v. Stoumbos D.C. Circuit Writ of certiorari dismissed as improvidently granted (DIG)
November 7, 2016 Ivy v. Morath Fifth Circuit Dismissed as moot; vacated and remanded
October 25, 2016 Musnuff v. Haeger Ninth Circuit Dismissed pursuant to Rule 46
Source: Supreme Court of the United States

Justice data

The following presents data for the 2016 October term of the U.S. Supreme Court at the justice level in argued cases. Tables are presented for a justice's dispositions for the court (opinion of the court) for this term, as well as a justice's concurrence and dissenting activity.

Opinion statistics

Justices' opinion statistics for the court, 2016 Term
Justice Opinions for the court authored Concurrences authored Concurrences joined Dissents authored Dissents joined Other opinions authored* Other opinions joined*
Chief Justice Roberts 8 0 0 2 2 0 3
Justice Kennedy 8 1 0 0 1 1 2
Justice Thomas 7 5 0 9 6 9 5
Justice Ginsburg 8 0 0 2 7 5 1
Justice Breyer 8 1 0 6 1 2 0
Justice Alito 7 0 0 3 4 8 4
Justice Sotomayor 7 1 0 4 3 3 1
Justice Kagan 7 0 0 1 4 0 1
Justice Gorsuch 1 0 1 1 1 2 2
*Other opinions would include concurrences and/or dissents in whole or in part, concurrences and/or dissents from the court's judgment in whole or in part, or any combination of these.
Source: Supreme Court of the United States


Elena Kagan.jpg Alito.jpg Ruth Bader Ginsburg.jpg Anthony Kennedy.jpg John Roberts.jpg ClarenceThomas.jpg Stephen Breyer.jpg Sonia Sotomayor official.jpg NeilGorsuch.gif

Chief Justice John Roberts

Chief Justice Roberts' opinions for the court, 2016 Term
Sitting Case Outcome Vote Court below
October Buck v. Davis Judgment reversed and remanded 6-2 Fifth Circuit
November National Labor Relations Board v. SW General Inc. Judgment affirmed 6-2 to affirm D.C. Circuit
December No opinion authored NA NA NA
January Expressions Hair Design v. Schneiderman Judgment vacated and remanded 8-0 to vacate and remand Second Circuit
January (2) Endrew F. v. Douglas County School District Judgment vacated and remanded 8-0 Tenth Circuit
February Dean v. United States Judgment reversed and remanded 8-0 Eighth Circuit
March Impression Products v. Lexmark Judgment reversed and remanded 8-0 for domestic exhaustion
7-1 for international exhaustion
Federal Circuit
March (2) Lee v. United States Judgment reversed and remanded 6-2 Sixth Circuit
April Trinity Lutheran Church v. Comer Judgment reversed and remanded 7-2 to reverse and remand Eighth Circuit
Source: Supreme Court of the United States


Justice Anthony Kennedy

Justice Kennedy's opinions for the court, 2016 Term
Sitting Case Outcome Vote Court below
October Pena-Rodriguez v. Colorado Judgment reversed and remanded 5-3 Colorado Supreme Court
November State Farm v. U.S. ex rel Rigsby Judgment affirmed 8-0 Fifth Circuit
December Bethune-Hill v. Virginia Board of Elections Judgment affirmed in part, vacated in part, and remanded 8-0 to vacate and remand; 7-1 to affirm Eastern District of Virginia
January Ziglar v. Abbasi
Ashcroft v. Abbasi
Hasty v. Abbasi
Judgment vacated in part, reversed in part, and remanded 4-2 Second Circuit
February Packingham v. North Carolina Judgment reversed and remanded 8-0 to reverse and remand North Carolina Supreme Court
March Murr v. Wisconsin Judgment affirmed 5-3 Wisconsin Court of Appeals for District III
April CalPERS v. ANZ Securities Judgment affirmed 5-4 Second Circuit
April (2) Weaver v. Massachusetts Judgment affirmed 7-2 to affirm Massachusetts Supreme Judicial Court
Source: Supreme Court of the United States


Justice Clarence Thomas

Justice Thomas' opinions for the court, 2016 Term
Sitting Case Outcome Vote Court below
October Manrique v. United States Judgment affirmed 6-2 Eleventh Circuit
November Star Athletica LLC v. Varsity Brands Judgment affirmed 6-2 Sixth Circuit
December Beckles v. United States Judgment affirmed 7-0 to affirm Eleventh Circuit
January No opinion authored NA NA NA
February Esquivel-Quintana v. Sessions Judgment reversed 8-0 Sixth Circuit
March TC Heartland v. Kraft Judgment reversed and remanded 8-0 Federal Circuit
April Davila v. Davis Judgment affirmed 5-4 Fifth Circuit
April (2) Sandoz v. Amgen
Amgen v. Sandoz
Judgment vacated in part, reversed in part, and remanded 9-0 Federal Circuit
Source: Supreme Court of the United States


Justice Ruth Bader Ginsburg

Justice Ginsburg's opinions for the court, 2016 Term
Sitting Case Outcome Vote Court below
October Bravo-Fernandez v. United States Judgment affirmed 8-0 to affirm First Circuit
November Sessions v. Morales-Santana Judgment affirmed in part, reversed in part, and remanded 6-2 to affirm in part
8-0 to reverse in part
Second Circuit
December Moore v. Texas Judgment vacated and remanded 5-3 Texas Court of Criminal Appeals
January Nelson v. Colorado Judgment reversed and remanded 7-1 to reverse and remand Colorado Supreme Court
February Coventry Health Care of Missouri v. Nevils Judgment reversed and remanded 8-0 to reverse and remand Missouri Supreme Court
March Microsoft Corp. v. Baker Judgment reversed and remanded 8-0 to reverse and remand Ninth Circuit
April Perry v. Merit Systems Protection Board Judgment reversed and remanded 7-2 D.C. Circuit
April (2) BNSF Railway v. Tyrrell Judgment reversed and remanded 8-1 to reverse and remand Montana Supreme Court
Source: Supreme Court of the United States


Justice Stephen Breyer

Justice Breyer's opinions for the court, 2016 Term
Sitting Case Outcome Vote Court below
October Shaw v. United States Judgment vacated and remanded 8-0 Ninth Circuit
November Venezuela v. Helmerich and Payne International Judgment vacated and remanded 8-0 D.C. Circuit
November (2) Bank of America v. Miami
Wells Fargo v. Miami
Judgment vacated and remanded 5-3 Eleventh Circuit
December Czyzewski v. Jevic Holding Corp. Judgment reversed and remanded 6-2 Third Circuit
January Midland Funding v. Johnson Judgment reversed 5-3 Eleventh Circuit
February No opinion authored NA NA NA
March Howell v. Howell Judgment reversed and remanded 8-0 to reverse and remand Arizona Supreme Court
March (2) Overton v. United States
Turner v. United States
Judgment affirmed 6-2 District of Columbia Court of Appeals
April McWilliams v. Dunn Judgment reversed and remanded 5-4 Eleventh Circuit
Source: Supreme Court of the United States


Justice Samuel Alito

Justice Alito's opinions for the court, 2016 Term
Sitting Case Outcome Vote Court below
October Salman v. United States Judgment affirmed 8-0 Ninth Circuit
November SCA Hygiene Products Aktiebolag v. First Quality Baby Products Judgment vacated and remanded 7-1 Federal Circuit
December No opinion authored NA NA NA
January Matal v. Tam Judgment affirmed 8-0 to affirm Federal Circuit
February No opinion authored NA NA NA
March County of Los Angeles v. Mendez Judgment vacated and remanded 8-0 Ninth Circuit
March (2) Water Splash, Inc. v. Menon Judgment vacated and remanded 8-0 Texas Fourteenth District Court of Appeals
April Town of Chester v. Laroe Estates Judgment vacated and remanded 9-0 Second Circuit
April (2) Bristol-Myers Squibb v. Superior Court of California Judgment reversed and remanded 8-1 California Supreme Court
Source: Supreme Court of the United States


Justice Sonia Sotomayor

Justice Sotomayor's opinions for the court, 2016 Term
Sitting Case Outcome Vote Court below
October Samsung Electronics v. Apple Judgment reversed and remanded 8-0 Federal Circuit
November Lightfoot v. Cendant Mortgage Group Judgment reversed 8-0 Ninth Circuit
December Life Technologies Corp. v. Promega Corp. Judgment reversed and remanded 7-0 to reverse and remand Federal Circuit
January Lewis v. Clarke Judgment reversed and remanded 8-0 to reverse and remand Connecticut Supreme Court
February McLane Company v. EEOC Judgment vacated and remanded 7-1 to reverse and remand Ninth Circuit
March Honeycutt v. United States Judgment reversed 8-0 Sixth Circuit
April Kokesh v. SEC Judgment reversed 9-0 Tenth Circuit
Source: Supreme Court of the United States


Justice Elena Kagan

Justice Kagan's opinions for the court, 2016 Term
Sitting Case Outcome Vote Court below
October Manuel v. City of Joliet Judgment reversed and remanded 6-2 Seventh Circuit
November Fry v. Napoleon Community Schools Judgment vacated and remanded 8-0 to vacate and remand Sixth Circuit
December Cooper v. Harris Judgment affirmed 8-0 to affirm on District 1;
5-3 to affirm on District 12
Middle District of North Carolina
January Goodyear Tire and Rubber Co. v. Haeger Judgment reversed and remanded 8-0 Ninth Circuit
February Kindred Nursing Centers v. Clark Judgment reversed in part, vacated in part, and remanded 7-1 Kentucky Supreme Court
March Advocate Health Care v. Stapleton
St. Peter's Healthcare v. Kaplan
Dignity Health v. Rollins
Judgment reversed 8-0 to reverse Seventh Circuit
Third Circuit
Ninth Circuit
April Maslenjak v. United States Judgment vacated and remanded 9-0 to vacate and remand Sixth Circuit
Source: Supreme Court of the United States


Justice Neil Gorsuch

Justice Gorsuch's opinion for the court, 2016 Term
Sitting Case Outcome Vote Court below
April Henson v. Santander Consumer USA Judgment affirmed 9-0 Fourth Circuit
Source: Supreme Court of the United States


Trends data

Outcomes data

The data presented here compare outcomes from the 2016 term of the court in comparison to terms going back to the 2010 term of the court, which was the last term in which the court had a new member; in 2010, Justice Elena Kagan joined the court.

The table below lists the court's outcomes in raw numbers by the aggregate number of cases (71) that were orally argued before the court, including cases consolidated for argument. The data going back to the 2010 term include all dispositions in orally argued cases, including cases in which the justices issued an opinion, cases in which a judgment was announced for the court, cases in which a per curiam opinion was given, or cases in which the lower court's judgment was affirmed by an equally divided court.[3]



In the 2016 term, the court affirmed a lower court judgment in full in the fewest number of cases under study here. The court did, however, affirm a lower court judgment in part in two other cases: Sessions v. Morales-Santana and Bethune-Hill v. Virginia Board of Elections. Consistent with the data above, the court's affirmance rate was the lowest among the terms under review here. The court affirmed a lower court judgment in full in 23% of orally argued cases this term.



The data presented in the table below present the percentage of cases in which the court either reversed or reversed and remanded a lower court's judgment in full. In the 2016 term, the court also reversed a judgment in part in seven cases, some of which were consolidated for argument. These cases were: Sessions v. Morales-Santana, Ziglar v. Abbasi, Ashcroft v. Abbasi, Hasty v. Abbasi, Kindred Nursing Centers v. Clark, Sandoz v. Amgen, and Amgen v. Sandoz.


The data presented in the table below present the percentage of cases in which the court either vacated or vacated and remanded a lower court's judgment in full. In the 2016 term, the court also vacated a judgment in part in seven cases, some of which were consolidated for argument. These cases were: Bethune-Hill v. Virginia Board of Elections, Ziglar v. Abbasi, Ashcroft v. Abbasi, Hasty v. Abbasi, Kindred Nursing Centers v. Clark, Sandoz v. Amgen, and Amgen v. Sandoz.

Gorsuch data

Justice Neil Gorsuch was confirmed to the court on April 7, 2017. He took his judicial oath of office on April 10, 2017, and participated in the final argument sitting of the court's term. Of the 14 cases argued during the April sitting, Justice Gorsuch was in the voting majority in the following cases:


Justice Gorsuch was in the voting minority in two cases:


In the April sitting, Justice Gorsuch wrote the following opinions:

Justice Clarence Thomas joined this opinion.
This opinion was joined Justice Thomas.
This opinion was joined Justice Thomas.


In addition, Justice Gorsuch joined the following opinions:

Justice Thomas also joined Justice Alito's dissenting opinion in McWilliams.


According to data provided by SCOTUSBlog.com, Justice Gorsuch had the following percentage rates of agreement in the judgment, in whole or in part, with his colleagues:[4][5]

  • Justice Thomas: 100%
  • Justice Alito: 94%
  • Chief Justice Roberts: 88%
  • Justice Kennedy: 82%
  • Justice Ginsburg: 65%
  • Justice Breyer: 65%
  • Justice Kagan: 65%
  • Justice Sotomayor: 59%


See also

External links

Footnotes

  1. The court agreed to hear arguments in five other cases this term but, for various reasons, later refused to hear arguments in those cases. The cases were: Musnuff v. Haeger, Ivy v. Morath, Gloucester County School Board v. G.G., Visa v. Osborn, and Visa v. Stoumbos.
  2. The court also issued per curiam opinions in nine unargued cases this term.
  3. Data presented here do not include unsigned per curiam opinions in cases that were not orally argued before the court.
  4. The percentages presented here are rounded to the nearest whole number.
  5. SCOTUSBlog.com, "Final Stat Pack for October Term 2016," June 28, 2017